Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2018 |
referred to codes |
Senate Bill S7177
2017-2018 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
2017-S7177 (ACTIVE) - Details
2017-S7177 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7177 SPONSOR: KENNEDY TITLE OF BILL: An act to amend the penal law, in relation to official misconduct for sexual harassment by a public servant PURPOSE: Amends the penal law to add a new section 195.01 to include sexual harassment by a public servant to be a crime of official misconduct, punishable as a class A misdemeanor. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the penal code to classify sexual harassment by a public servant as an act of Official Misconduct, which is a class A misdemeanor. Subsection a defines sexual harassment.
2017-S7177 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7177 I N S E N A T E (PREFILED) January 3, 2018 ___________ Introduced by Sen. KENNEDY -- 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 for sexual harassment by a public servant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 195.01 to read as follows: § 195.01 OFFICIAL MISCONDUCT FOR SEXUAL HARASSMENT. A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT FOR SEXUAL HARASS- MENT WHEN HE OR SHE COMMITS THE ACT OF SEXUAL HARASSMENT AS DEFINED IN THIS SECTION. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "SEXUAL HARASSMENT" SHALL MEAN MAKING UNWELCOME OR UNWANTED SEXUAL ADVANCES, REQUESTING SEXUAL FAVORS IN EXCHANGE FOR FAVORABLE TREATMENT OR CONTINUED EMPLOYMENT, ENGAGING IN VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHICH IS MADE A TERM OR CONDITION OF EMPLOYMENT, OR WHICH IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS. "SEXUAL HARASSMENT" SHALL ALSO INCLUDE ANY TYPE OF SEXUAL ORIENTED CONDUCT THAT IS UNWELCOME AND HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING WITH AN EMPLOYEE'S WORK PERFORMANCE OR CREATING A WORK ENVIRONMENT THAT IS INTIMIDATING, HOSTILE, OFFENSIVE OR COERCIVE TO A REASONABLE PERSON. "SEXUAL HARASS- MENT" SHALL NOT BE LIMITED TO MALE-FEMALE INTERACTION. (B) "PUBLIC SERVANT" SHALL BE DEFINED AS (I) ANY PUBLIC OFFICER OR EMPLOYEE OF THE STATE OR OF ANY POLITICAL SUBDIVISION THEREOF OR OF ANY GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, OR (II) ANY PERSON EXER- CISING THE FUNCTIONS OF ANY SUCH PUBLIC OFFICER OR EMPLOYEE. THE TERM PUBLIC SERVANT SHALL INCLUDE A PERSON WHO HAS BEEN ELECTED OR DESIGNATED TO BECOME A PUBLIC SERVANT. OFFICIAL MISCONDUCT FOR SEXUAL HARASSMENT 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.
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