Senate Bill S395

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    395
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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 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. 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.
   A public servant is guilty of official misconduct 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 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  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 D FELONY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00996-02-1

 S. 395                              2
 
 § 195.04 OFFICIAL MISCONDUCT  FOR  OBTAINING  A  BENEFIT  IN  THE  FIRST
            DEGREE.
   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 C FELONY.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.