NY State Senate Bill 2019-S37

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S37 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§200.00, 200.03, 200.04 & 200.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4250
2017-2018: S46
2021-2022: S4004

2019-S37 (ACTIVE) - Summary

Makes technical corrections to the descriptions of certain bribery offenses and defenses.

2019-S37 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S37

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to making
technical corrections to the descriptions of certain bribery offenses
and defenses

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would amend the mens rea element of the public official
bribery statute to require only an intent to influence.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 200.00 of the penal law (Bribery in
the Third Degree) to add the intent to influence as an element to the
crime.

Section 2 of the bill amends section 200.03 of the penal law (Bribery in
the Second Degree) to add the intent to influence as an element to the
crime.

Section 3 of the bill amends section 200.04 of the penal law (Bribery in
the First Degree) to add the intent to influence as an element to the
crime.

Section 4 of the bill amends section 200.05 of the penal law (Bribery;
defense) to add as a defense to the crime of bribery that the benefit a
defendant conferred, or offered or agreed to confer, upon the public
servant was a legitimate campaign contribution.

Section 5 of the bill provides that the act shall take effect on the
first of November next succeeding the date on which it shall have become
a law.

 
JUSTIFICATION:

In 2013, the District Attorneys Association of the State of New York's
White Collar Crime Task Force issued a report noting that "the statutes
governing the bribery of public officials unnecessarily heighten the
burden for prosecuting such conduct."

Current law requires a mutual agreement between the bribe-giver and the
public official, or a unilateral belief by the bribe-giver that the
bribe will in fact influence the public official. New York's other
bribery laws, as with bribery laws in the vast majority of other states,
only require that the bribe-giver "intends to influence" the bribe-re-
ceiver.

This legislation would amend the mens rea element of the public-servant
bribery statute to require only an intent to influence. It also creates
a defense to ensure that legitimate campaign contributions are not
criminalized.

 
PRIOR LEGISLATIVE HISTORY:

S.0046 of 2017-2018 (Hoylman): Died in Codes
S.4250 of 2015-2016  (Hoylman): Died in Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2019-S37 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    37
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  making  technical
   corrections  to  the  descriptions  of  certain  bribery  offenses and
   defenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 200.00 of the penal law, as amended by chapter 833
 of the laws of 1986, is amended to read as follows:
 § 200.00 Bribery in the third degree.
   A person is guilty of bribery in the  third  degree  when  he  OR  SHE
 confers,  or offers or agrees to confer, any benefit upon a public serv-
 ant [upon an agreement or understanding that] WITH THE INTENT TO  INFLU-
 ENCE  such public servant's vote, opinion, judgment, action, decision or
 exercise of discretion as a public servant [will thereby be influenced].
   Bribery in the third degree is a class D felony.
   § 2. Section 200.03 of the penal law, as  amended  by  section  18  of
 subpart  A  of  part  H of chapter 55 of the laws of 2014, is amended to
 read as follows:
 § 200.03 Bribery in the second degree.
   A person is guilty of bribery in the second  degree  when  he  OR  SHE
 confers,  or offers or agrees to confer, any benefit valued in excess of
 five thousand dollars upon a public servant [upon an agreement or under-
 standing that] WITH THE INTENT TO INFLUENCE such public servant's  vote,
 opinion,  judgment,  action,  decision  or  exercise  of discretion as a
 public servant [will thereby be influenced].
   Bribery in the second degree is a class C felony.
   § 3. Section 200.04 of the penal law, as  amended  by  section  19  of
 subpart  A  of  part  H of chapter 55 of the laws of 2014, is amended to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03277-01-9

 S. 37                               2
 
 § 200.04 Bribery in the first degree.
   A  person  is  guilty  of  bribery in the first degree when the person
 confers, or offers or agrees to confer: (1) any benefit  upon  a  public
 servant  [upon  an  agreement  or understanding that] WITH THE INTENT TO
 INFLUENCE such public servant's vote, opinion, judgment,  action,  deci-
 sion  or  exercise  of  discretion  as a public servant [will thereby be
 influenced] in the  investigation,  arrest,  detention,  prosecution  or
 incarceration  of any person for the commission or alleged commission of
 a class A felony defined in article two hundred twenty of this  part  or
 an  attempt to commit any such class A felony; or (2) any benefit valued
 in excess of one hundred thousand dollars upon a public servant [upon an
 agreement or understanding that]  WITH  THE  INTENT  TO  INFLUENCE  such
 public  servant's  vote, opinion, judgment, action, decision or exercise
 of discretion as a public servant [will thereby be influenced].
   Bribery in the first degree is a class B felony.
   § 4. Section 200.05 of the penal law is amended to read as follows:
 § 200.05 Bribery; defense.
   In any prosecution for bribery[,]:  (1)  it  is  a  defense  that  the
 defendant  conferred  or  agreed to confer the benefit involved upon the
 public servant involved as a result of conduct of the latter  constitut-
 ing larceny committed by means of extortion, or an attempt to commit the
 same,  or  coercion,  or an attempt to commit coercion[.]; AND (2) IT IS
 ALSO A DEFENSE THAT THE BENEFIT THAT THE DEFENDANT CONFERRED, OR OFFERED
 OR AGREED TO CONFER, UPON THE PUBLIC SERVANT WAS A  LEGITIMATE  CAMPAIGN
 CONTRIBUTION,  UNLESS  SUCH  CONTRIBUTION  WAS MADE UPON AN AGREEMENT OR
 UNDERSTANDING  THAT  SUCH  PUBLIC  SERVANT'S  VOTE,  OPINION,  JUDGMENT,
 ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A PUBLIC SERVANT WOULD
 THEREBY BE INFLUENCED.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S37

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S37 (ACTIVE) - Details

2019-S37 (ACTIVE) - Summary

2019-S37 (ACTIVE) - Sponsor Memo

2019-S37 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S37

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S37 (ACTIVE) - Details

2019-S37 (ACTIVE) - Summary

2019-S37 (ACTIVE) - Sponsor Memo

2019-S37 (ACTIVE) - Bill Text download pdf

Comments