NY State Senate Bill 2017-S261

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

2017-S261 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§200.03, 200.04, 200.00, 80.00 & 195.00, add §§195.03, 195.04, Art 196 §196.00, Pen L; amd §200.50, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7545
2019-2020: S100
2021-2022: S435
2023-2024: S2131

2017-S261 (ACTIVE) - Summary

Relates to the crimes of bribery and abuse of public trust.

2017-S261 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S261

 TITLE OF BILL :

An act to amend the penal law and the criminal procedure law, in
relation to bribery and abuse of public trust

 PURPOSE :

To strengthen the penalties for public officials who participate in
acts of bribery, attempted bribery and other crimes that are committed
through their position as a public official.

 SUMMARY OF PROVISIONS :

Sections 200.00 200.03, 200.04 of the penal law are amended to add
"intent to influence" language and to lower the threshold amount of
bribes, thereby increasing penalties.

Sections 1, 2 and 3 of the bill re-order the incremental level of
felony charges imposed, as they relate to the threshold amount of the
accepted bribe, as follows:

* 1st degree bribery is lowered from $100,000 or more to $3,000 or
more
* 2nd degree bribery is lowered from $5,000 or more to $1,000 or more

* 3rd degree bribery currently refers to "any benefit" and is not
changed in the bill

Section 4 adds penalties for the new crime of abuse of public trust.

Section 5 adds official misconduct in the third degree as a class E
felony.

Section 6 amends the penal law by adding section 195.03, official
misconduct in the second degree (Class D felony) when the crime of
official misconduct in the third degree is committed and the
perpetrator obtains a benefit (or deprives another of a benefit)
valued in excess of $1,000.

Section 7 adds an abuse of public trust crime that shifts class C, D
or E felonies committed in this section one category higher than the
specified offense committed.

 JUSTIFICATION :

This bill will serve to first act as a strong deterrent to any elected
official who is tempted to betray the public trust for monetary or
other personal gain. New York citizens have been victimized over and
over again by the very people they elected to represent and advocate
for them in government. The sheer number of convictions during the
past decade in New York is clear evidence that our current laws are a
dismal failure in preventing numerous acts of corruption and abuse of
office. The deterrence goal of this legislation is set forth by
creating and enhancing a straightforward set of laws that intertwine
and clearly amount to high stakes for anyone contemplating these
criminal acts.

The second goal of this legislation is to ensure that, when a public
official puts themselves above the taxpayers of this state, they will
face much more stringent consequences than they have in the past.This
bill also better equips those charged with prosecuting these crimes
with the tools they need to do their job in a matter that leaves no
doubt that these acts are unethical, dishonest, illegal and will be
punished accordingly in our criminal statutes.

Recent convictions have revealed that perpetrators of these crimes
have arrived at a state of mind where they have justified their bad
acts to themselves through years of escalating behaviors that go
unchecked. The provisions in this legislation provide a more
identifiable line between ethical and unethical, and legal and
illegal. And, when that clearly defined line is crossed, prosecutors
will be better able to prove these violations, and halt the acts as
early as possible.

 LEGISLATIVE HISTORY :

S.7545 of 2016

 FISCAL IMPLICATIONS :

Expected cost savings to the state. Public corruption, bribery and
abuse of public trust are weighty cost burdens to our taxpayers. Any
crimes prevented through this section will provide immediate savings
to the citizens of New York.

 EFFECTIVE DATE :
Immediate.

2017-S261 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    261
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to bribery and abuse of public trust

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 200.03 of the penal law, as amended by  section  18
 of  subpart A of part H of chapter 55 of the laws of 2014, is amended to
 read as follows:
 § 200.03 Bribery in the second degree.
   A person is guilty of bribery in the second degree when he confers, or
 offers or agrees to confer, any benefit valued in excess of  [five]  ONE
 thousand dollars upon a public servant [upon an agreement or understand-
 ing]  WITH AN INTENT TO INFLUENCE that such public servant's vote, opin-
 ion, judgment, action, decision or exercise of discretion  as  a  public
 servant will thereby be influenced.
   Bribery in the second degree is a class C felony.
   §  2.  Section  200.04  of  the penal law, as amended by section 19 of
 subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
 read as follows:
 § 200.04 Bribery in the first degree.
   A  person  is  guilty  of  bribery in the first degree when the person
 confers, or offers or agrees to confer: (1) any benefit  upon  a  public
 servant [upon an agreement or understanding] WITH AN INTENT TO INFLUENCE
 that  such public servant's vote, opinion, judgment, action, decision or
 exercise of discretion as a public servant will thereby be influenced in
 the investigation, arrest, detention, prosecution  or  incarceration  of
 any  person for the commission or alleged commission of a class A felony
 defined in article two hundred twenty of this  part  or  an  attempt  to
 commit  any  such class A felony; or (2) any benefit valued in excess of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03967-01-7

 S. 261                              2
 
 [one hundred] THREE thousand dollars upon  a  public  servant  [upon  an
 agreement or understanding] WITH AN INTENT TO INFLUENCE that such public
 servant's  vote,  opinion,  judgment,  action,  decision  or exercise of
 discretion as a public servant will thereby be influenced.
   Bribery in the first degree is a class B felony.
   § 3. Section 200.00 of the penal law, as amended by chapter 833 of the
 laws of 1986, is amended to read as follows:
 § 200.00 Bribery in the third degree.
   A  person is guilty of bribery in the third degree when he confers, or
 offers or agrees to confer, any benefit upon a public servant  [upon  an
 agreement or understanding] WITH AN INTENT TO INFLUENCE that such public
 servant's  vote,  opinion,  judgment,  action,  decision  or exercise of
 discretion as a public servant will thereby be influenced.
   Bribery in the third degree is a class D felony.
   § 4. Subdivision 1 of section 80.00 of the penal law,  as  amended  by
 section  27 of subpart A of part H of chapter 55 of the laws of 2014, is
 amended to read as follows:
   1. A sentence to pay a fine for a felony shall be a sentence to pay an
 amount, fixed by the court, not exceeding the higher of
   a. five thousand dollars; or
   b. double the amount of the defendant's gain from  the  commission  of
 the  crime or, if the defendant is convicted of a crime defined in arti-
 cle four hundred ninety-six of  this  chapter,  any  higher  amount  not
 exceeding  three  times  the  amount  of  the  defendant's gain from the
 commission of such offense; or
   c. if the conviction is for any felony defined in article two  hundred
 twenty  or  two  hundred  twenty-one  of  this chapter, according to the
 following schedule:
   (i) for A-I felonies, one hundred thousand dollars;
   (ii) for A-II felonies, fifty thousand dollars;
   (iii) for B felonies, thirty thousand dollars;
   (iv) for C felonies, fifteen thousand dollars.
 When imposing a fine pursuant to the provisions of this  paragraph,  the
 court  shall  consider the profit gained by defendant's conduct, whether
 the amount of the fine is  disproportionate  to  the  conduct  in  which
 defendant  engaged,  its impact on any victims, and defendant's economic
 circumstances, including the defendant's ability to pay, the  effect  of
 the  fine  upon his or her immediate family or any other persons to whom
 the defendant owes an obligation of support; OR
   D. FOR AN ABUSE OF PUBLIC TRUST CRIME, AS DEFINED IN SECTION 196.00 OF
 THIS CHAPTER, OR ANY OFFENSE FOR WHICH THE OFFENDER'S STATUS AS A PUBLIC
 SERVANT CONSTITUTES AN ELEMENT OF THE OFFENSE AS ENUMERATED IN PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION 196.00 OF THIS CHAPTER, THE COURT,  IN
 ADDITION  TO  ANY  OTHER  PENALTY  WHICH MAY BE IMPOSED PURSUANT TO LAW,
 SHALL IMPOSE A FINE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A  OR
 B OF THIS SUBDIVISION, WHICHEVER IS GREATER.
   § 5. Section 195.00 of the penal law, as amended by chapter 906 of the
 laws of 1990, is amended to read as follows:
 § 195.00 Official misconduct IN THE THIRD DEGREE.
   A  public servant is guilty of official misconduct IN THE THIRD DEGREE
 when, with intent to obtain a benefit or deprive  another  person  of  a
 benefit:
   1.  He OR SHE commits an act relating to his OR HER office but consti-
 tuting an unauthorized exercise of his OR HER official functions,  know-
 ing that such act is unauthorized; or

 S. 261                              3
 
   2.  He  OR  SHE  knowingly  refrains  from  performing a duty which is
 imposed upon him OR HER by law or is clearly inherent in the  nature  of
 his OR HER office.
   Official  misconduct  IN THE THIRD DEGREE is a class [A misdemeanor] E
 FELONY.
   § 6. The penal law is amended by adding two new  sections  195.03  and
 195.04 to read as follows:
 § 195.03 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
   A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
 WHEN  HE  OR  SHE  COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD
 DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
 BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
   OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 195.04 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
   A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST  DEGREE
 WHEN  HE  OR  SHE  COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD
 DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
 BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
   OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 7. The penal law is amended by adding a new article 196 to  read  as
 follows:
                                ARTICLE 196
                           ABUSE OF PUBLIC TRUST
 SECTION 196.00 ABUSE OF PUBLIC TRUST CRIME.
 § 196.00 ABUSE OF PUBLIC TRUST CRIME.
   1.  (A) A PERSON COMMITS AN ABUSE OF PUBLIC TRUST CRIME WHEN HE OR SHE
 COMMITS A FELONY OFFENSE AND EITHER:
   (I) INTENTIONALLY USES HIS OR HER POSITION AS A PUBLIC  SERVANT  IN  A
 MANNER  THAT  SIGNIFICANTLY FACILITATES THE COMMISSION OR CONCEALMENT OF
 THE OFFENSE; OR
   (II) ATTEMPTS, CONSPIRES OR SOLICITS ANOTHER TO COMMIT ANY FELONY, AND
 IN SUCH ATTEMPT, CONSPIRACY OR SOLICITATION INTENTIONALLY  USES  HIS  OR
 HER POSITION AS A PUBLIC SERVANT TO SIGNIFICANTLY FACILITATE THE COMMIS-
 SION OR CONCEALMENT OF THE OFFENSE.
   (B)  NOTWITHSTANDING  PARAGRAPH  (A)  OF THIS SUBDIVISION, AN ABUSE OF
 PUBLIC  TRUST  CRIME  SHALL  NOT  INCLUDE  ANY  OFFENSE  FOR  WHICH  THE
 OFFENDER'S  STATUS  AS  A  PUBLIC  SERVANT CONSTITUTES AN ELEMENT OF THE
 OFFENSE, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING PROVISIONS OF THIS
 CHAPTER: PARAGRAPH (G) OF SUBDIVISION THREE  OF  SECTION  135.35  (LABOR
 TRAFFICKING);  SUBDIVISION  EIGHT  OF  SECTION  135.60  (COERCION IN THE
 SECOND DEGREE); PARAGRAPH (C)  OF  SUBDIVISION  TWO  OF  SECTION  135.65
 (COERCION  IN  THE  FIRST  DEGREE);  PARAGRAPH (C) OF SUBDIVISION TWO OF
 SECTION 155.40 (GRAND LARCENY IN  THE  SECOND  DEGREE);  SECTION  175.40
 (ISSUING  A  FALSE  CERTIFICATE); SECTION 195.00 (OFFICIAL MISCONDUCT IN
 THE THIRD DEGREE); SECTION 195.03 (OFFICIAL  MISCONDUCT  IN  THE  SECOND
 DEGREE);  SECTION  195.04  (OFFICIAL  MISCONDUCT  IN  THE FIRST DEGREE);
 SECTION 200.10 (BRIBE RECEIVING IN THE  THIRD  DEGREE);  SECTION  200.11
 (BRIBE  RECEIVING IN THE SECOND DEGREE); SECTION 200.12 (BRIBE RECEIVING
 IN THE FIRST DEGREE); SECTION  200.25  (RECEIVING  REWARD  FOR  OFFICIAL
 MISCONDUCT  IN  THE SECOND DEGREE); SECTION 200.27 (RECEIVING REWARD FOR
 OFFICIAL MISCONDUCT IN THE  FIRST  DEGREE);  SECTION  200.35  (RECEIVING
 UNLAWFUL   GRATUITIES);  SECTION  200.50  (BRIBE  RECEIVING  FOR  PUBLIC
 OFFICE); PARAGRAPH (G) OF SUBDIVISION FIVE OF SECTION 230.34 (SEX  TRAF-
 FICKING);  OR  ANY  ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
 OFFENSES.

 S. 261                              4
 
   2. WHEN A PERSON IS CONVICTED OF AN ABUSE OF PUBLIC TRUST CRIME PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION AND THE SPECIFIED  OFFENSE  IS  A
 CLASS  C,  D  OR  E FELONY, THE CRIME SHALL BE DEEMED TO BE ONE CATEGORY
 HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED, OR ONE  CATE-
 GORY  HIGHER  THAN  THE  OFFENSE  LEVEL  APPLICABLE  TO  THE DEFENDANT'S
 CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO COMMIT A  SPECIFIED  OFFENSE,
 WHICHEVER IS APPLICABLE.
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF A CRIME PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE
 SPECIFIED OFFENSE IS A CLASS B FELONY:
   (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
 SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
 THIS CHAPTER;
   (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   (D)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
 THIS CHAPTER; AND
   (E)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
 DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF A CRIME PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE
 SPECIFIED OFFENSE IS A CLASS A-I FELONY, THE MINIMUM PERIOD OF THE INDE-
 TERMINATE SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS.
   § 8. Subdivision 4 of section 200.50 of the criminal procedure law, as
 amended by section 15 of subpart A of part H of chapter 55 of  the  laws
 of 2014, is amended to read as follows:
   4.  A statement in each count that the grand jury, or, where the accu-
 satory instrument is a superior court information, the  district  attor-
 ney,  accuses  the  defendant  or  defendants  of  a designated offense,
 provided that in any prosecution under article four hundred  eighty-five
 of the penal law, the designated offense shall be the specified offense,
 as  defined  in  subdivision  three  of section 485.05 of the penal law,
 followed by the phrase "as a hate crime", and provided further  that  in
 any  prosecution  under  section 490.25 of the penal law, the designated
 offense shall be the specified offense, as defined in subdivision  three
 of  section  490.05 of the penal law, followed by the phrase "as a crime
 of terrorism"; and  provided  further  that  in  any  prosecution  under
 section  130.91  of  the  penal law, the designated offense shall be the
 specified offense, as defined in subdivision two of  section  130.91  of
 the  penal law, followed by the phrase "as a sexually motivated felony";
 and provided further that in any prosecution under section 496.06 of the
 penal law, the designated offense shall be  the  specified  offense,  as
 defined in subdivision two of such section, followed by the phrase "as a
 public  corruption  crime"; AND PROVIDED FURTHER THAT IN ANY PROSECUTION
 UNDER ARTICLE ONE HUNDRED NINETY-SIX OF THE PENAL  LAW,  THE  DESIGNATED
 OFFENSE  SHALL  BE THE DESIGNATED FELONY OFFENSE, AS DEFINED IN SUBDIVI-
 SION TWO OF SECTION 196.00 OF THE PENAL LAW, FOLLOWED BY THE PHRASE  "AS
 AN ABUSE OF PUBLIC TRUST CRIME"; and
   §  9. Subdivision 7 of section 200.50 of the criminal procedure law is
 amended by adding a new paragraph (f) to read as follows:
   (F) IN THE CASE OF AN ABUSE OF  PUBLIC  TRUST  CRIME,  AS  DEFINED  IN
 SECTION  196.00  OF  THE  PENAL  LAW, SPECIFIES, AS APPLICABLE, THAT THE

 S. 261                              5
 
 DEFENDANT OR DEFENDANTS COMMITTED, OR ATTEMPTED, CONSPIRED OR  SOLICITED
 ANOTHER  TO  COMMIT, A FELONY AND INTENTIONALLY USED HIS OR HER POSITION
 AS A PUBLIC SERVANT IN  A  MANNER  THAT  SIGNIFICANTLY  FACILITATED  THE
 COMMISSION OR CONCEALMENT OF THE OFFENSE; AND
   § 10. This act shall take effect immediately.

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Senate Bill S261

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S261 (ACTIVE) - Details

2017-S261 (ACTIVE) - Summary

2017-S261 (ACTIVE) - Sponsor Memo

2017-S261 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S261

Share this bill

Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S261 (ACTIVE) - Details

2017-S261 (ACTIVE) - Summary

2017-S261 (ACTIVE) - Sponsor Memo

2017-S261 (ACTIVE) - Bill Text download pdf

Comments