S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4997
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, GALEF, SEAWRIGHT, THIELE -- Multi-Spon-
   sored by -- M. of A. ENGLEBRIGHT -- read  once  and  referred  to  the
   Committee on Codes
 
 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.
 § 195.04 OFFICIAL  MISCONDUCT  FOR  OBTAINING  A  BENEFIT  IN  THE FIRST
            DEGREE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00996-01-1
              

 A. 4997                             2
 
   A PUBLIC SERVANT IS GUILTY OF  OFFICIAL  MISCONDUCT  FOR  OBTAINING  A
 BENEFIT IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL
 MISCONDUCT  FOR  OBTAINING A BENEFIT IN THE SECOND DEGREE, AND THE VALUE
 OF THE BENEFIT EXCEEDS THREE THOUSAND DOLLARS.
   OFFICIAL  MISCONDUCT  FOR OBTAINING A BENEFIT IN THE FIRST DEGREE IS A
 CLASS D FELONY.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.