Senate Bill S4033A

2017-2018 Legislative Session

Establishes crimes relating to official misconduct for obtaining a benefit

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Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S4033 - Details

See Assembly Version of this Bill:
A9726
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §195.00, add §§195.03 & 195.04, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S107, A1052
2021-2022: S395, A4997

2017-S4033 - Summary

Establishes crimes of official misconduct for obtaining a benefit in the second degree, and first degree, for public officials.

2017-S4033 - Sponsor Memo

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

See Assembly Version of this Bill:
A9726
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §195.00, add §§195.03 & 195.04, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S107, A1052
2021-2022: S395, A4997

2017-S4033A (ACTIVE) - Summary

Establishes crimes of official misconduct for obtaining a benefit in the second degree, and first degree, for public officials.

2017-S4033A (ACTIVE) - Sponsor Memo

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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