S T A T E O F N E W Y O R K
________________________________________________________________________
4382
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to bribing a public
officer and receiving a bribe by a public officer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public officers law is amended by adding a new section
75-b to read as follows:
§ 75-B. BRIBERY OF PUBLIC OFFICERS. A PERSON, INCLUDING PUBLIC OFFI-
CERS, OR A PERSON ELECTED TO PUBLIC OFFICE, WHO GIVES OR OFFERS, OR
CAUSES TO BE GIVEN OR OFFERED, A BRIBE, OR ANY MONEY, PROPERTY, OR VALUE
OF ANY KIND, OR ANY PROMISE OR AGREEMENT THEREFOR, TO A PUBLIC OFFICER,
OR A PERSON WHO HAS BEEN ELECTED TO PUBLIC OFFICE, UPON ANY UNDERSTAND-
ING THAT HIS OR HER OFFICIAL VOTE, OPINION, JUDGMENT OR ACTION SHALL BE
INFLUENCED THEREBY, OR SHALL BE GIVEN IN ANY PARTICULAR MANNER OR UPON
ANY PARTICULAR SIDE OF ANY QUESTION OR MATTER UPON WHICH HE OR SHE MAY
BE REQUIRED TO ACT IN HIS OR HER OFFICIAL CAPACITY, IS PUNISHABLE BY
IMPRISONMENT FOR NOT MORE THAN TEN YEARS, OR BY A FINE OF NOT MORE THAN
FIVE THOUSAND DOLLARS, OR BY BOTH.
§ 2. The public officers law is amended by adding a new section 76-a
to read as follows:
§ 76-A. RECEIVING BRIBES BY PUBLIC OFFICERS. A PUBLIC OFFICER, OR A
PERSON ELECTED TO PUBLIC OFFICE, WHO ASKS, RECEIVES, OR AGREES TO
RECEIVE ANY BRIBE UPON ANY UNDERSTANDING THAT HIS OR HER OFFICIAL VOTE,
OPINION, JUDGMENT OR ACTION SHALL BE INFLUENCED THEREBY, OR SHALL BE
GIVEN IN ANY PARTICULAR MANNER OR UPON ANY PARTICULAR SIDE OF ANY QUES-
TION OR MATTER UPON WHICH HE OR SHE MAY BE REQUIRED TO ACT IN HIS OR HER
OFFICIAL CAPACITY, SHALL BE GUILTY OF A CLASS D FELONY.
§ 3. The public officers law is amended by adding a new section 77-b
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07807-01-9
A. 4382 2
§ 77-B. PUBLIC OFFICERS LIABLE TO FORFEITURE OF OFFICE. THE CONVICTION
OF A PUBLIC OFFICER, OR A PERSON ELECTED TO PUBLIC OFFICE, OF ANY OF THE
CRIMES DEFINED IN SECTIONS SEVENTY-FIVE-B OR SEVENTY-SIX-A OF THIS ARTI-
CLE, SHALL INVOLVE AS A CONSEQUENCE IN ADDITION TO THE PUNISHMENT
PROVIDED IN SUCH SECTIONS A FORFEITURE OF HIS OR HER OFFICE; AND SHALL
DISQUALIFY HIM OR HER FROM EVER AFTERWARDS HOLDING ANY OFFICE UNDER THIS
STATE.
§ 4. Section 77 of the public officers law, as added by chapter 1012
of the laws of 1965, is amended to read as follows:
§ 77. Unlawful fees and payments. A member of the legislature [or],
any officer or employee of the legislature, OR ANY PUBLIC OFFICER who
asks or receives or consents or agrees to receive any emolument, gratui-
ty or reward or any promise of emolument, gratuity or reward or any
money, property or thing of value or of personal advantage, except such
as may be authorized by law, for doing or omitting to do any official
act, or for performing or omitting to perform any act whatsoever direct-
ly or indirectly related to any matter in respect to which any duty or
discretion is by or in pursuance of law imposed upon or vested in him OR
HER, or may be exercised by him OR HER by virtue of his OR HER office,
or appointment or employment or his OR HER actual relation to the matter
including, without limiting the generality of the foregoing, approving
or promoting the passage of legislation or resolutions or the confirma-
tion of appointees, or the conduct of investigations, and a person who
shall directly or indirectly offer or make such a transfer to any member
of the legislature [or], any officer or employee of the legislature, OR
ANY PUBLIC OFFICER shall be guilty of a felony punishable by imprison-
ment for not more than ten years or by a fine of not more than five
thousand dollars, or both.
§ 5. Section 78 of the public officers law, as amended by chapter 813
of the laws of 1987, is amended to read as follows:
§ 78. Certification of members, officers and employees. On or before
the tenth day after any member, officer or employee commences the
performance of his OR HER duties as such, he OR SHE shall file, with the
secretary of the senate, if a member, officer or employee of that house,
or with the clerk of the assembly, if a member, officer or employee of
that house, or with the secretary of state if an officer or employee of
a state agency, a certificate acknowledging receipt of a copy of
sections seventy-three, seventy-three-a, seventy-four, seventy-five,
SEVENTY-FIVE-B, seventy-six, SEVENTY-SIX-A, seventy-seven and seventy-
eight of this chapter together with such other material as the secretary
of the senate, the clerk of the assembly or the secretary of state may
prepare related thereto, that he OR SHE has read the same and undertakes
to conform to the provisions, purposes and intent thereof and to the
norms of conduct for members, officers and employees of the legislature
and state agencies.
§ 6. This act shall take effect immediately.