| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 06, 2018 |
print number 4033a |
| Feb 06, 2018 |
amend (t) and recommit to codes |
| Jan 03, 2018 |
referred to codes |
| Feb 02, 2017 |
referred to codes |
Senate Bill S4033A
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Bill Amendments
2017-S4033 - Details
2017-S4033 - Sponsor Memo
BILL NUMBER: S4033
TITLE OF BILL : An act to amend the penal law, in relation to
official misconduct
PURPOSE OR GENERAL IDEA OF BILL :
This bill enhances the penalties for the crime of Official Misconduct.
SUMMARY OF PROVISIONS :
This bill enhances the penalties for the existing crime of official
misconduct contained in Penal Law section 195. An existing violation
would go from an A misdemeanor to an E felony. In addition, the bill
establishes D and C felonies depending on the value of benefit
received.
JUSTIFICATION :
This bill will serve to 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 them in
government. The sheer number of convictions during the past decade in
New York serves as evidence that our current laws are failing to
prevent corruption and abuse of office. The deterrence goal of this
2017-S4033 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4033
2017-2018 Regular Sessions
I N S E N A T E
February 2, 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, in relation to official misconduct
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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
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.
§ 2. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09091-01-7
2017-S4033A (ACTIVE) - Details
2017-S4033A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4033A
SPONSOR: KAMINSKY
TITLE OF BILL: An act to amend the penal law, in relation to estab-
lishing crimes relating to official misconduct for obtaining a benefit
PURPOSE OR GENERAL IDEA OF BILL:
This bill enhances the penalties for the crime of Official Misconduct.
SUMMARY OF PROVISIONS:
This bill enhances the penalties for the existing crime of official
misconduct contained in Penal Law section 195. An existing violation
would go from an A misdemeanor to an E felony. In addition, the bill
establishes D and C felonies depending on the value of benefit received.
JUSTIFICATION:
This bill will serve to act as a strong deterrent to any elected offi-
2017-S4033A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4033--A
2017-2018 Regular Sessions
I N S E N A T E
February 2, 2017
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to establishing crimes relat-
ing to official misconduct for obtaining a benefit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 195.00 of the penal law, as
amended by chapter 906 of the laws of 1990, are amended to read as
follows:
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
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.
§ 2. The penal law is amended by adding two new sections 195.03 and
195.04 to read as follows:
§ 195.03 OFFICIAL MISCONDUCT FOR OBTAINING A BENEFIT IN THE SECOND
DEGREE.
A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT FOR OBTAINING A
BENEFIT IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF OFFI-
CIAL MISCONDUCT AND HE OR SHE THEREBY INTENTIONALLY OBTAINS ANY BENEFIT
FOR HIMSELF OR HERSELF OR FOR ANOTHER PERSON OR INTENTIONALLY DEPRIVES
ANOTHER PERSON OF A BENEFIT, AND THE VALUE OF THE BENEFIT EXCEEDS ONE
THOUSAND DOLLARS.
OFFICIAL MISCONDUCT FOR OBTAINING A BENEFIT IN THE SECOND DEGREE IS A
CLASS E FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09091-02-8
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