S T A T E O F N E W Y O R K
________________________________________________________________________
4707
2017-2018 Regular Sessions
I N S E N A T E
February 24, 2017
___________
Introduced by Sen. SANDERS -- 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 of a
public servant
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.
A public servant is guilty of official misconduct when, with intent to
obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unau-
thorized exercise of his official functions, knowing that such act is
unauthorized; [or]
2. He knowingly refrains from performing a duty which is imposed upon
him by law or is clearly inherent in the nature of his office[.]; OR
3. HE KNOWINGLY OBTAINS, ARRANGES OR PROVIDES FOR HIMSELF OR ANOTHER,
A COMPENSATED POSITION OR PUBLIC OFFICE THAT REQUIRES LITTLE OR NO ACTU-
AL ATTENDANCE OR WORK.
Official misconduct is a class A misdemeanor.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02050-01-7