S T A T E O F N E W Y O R K
________________________________________________________________________
6918
2023-2024 Regular Sessions
I N A S S E M B L Y
May 9, 2023
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to crimes against
public trust by state officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "the halt
crimes against public trust act".
§ 2. The public officers law is amended by adding a new section 79-a
to read as follows:
§ 79-A. CRIMES AGAINST PUBLIC TRUST BY STATE OFFICERS. 1. (A) ANY
STATE OFFICER INDICTED FOR A CRIME INVOLVING PUBLIC TRUST SHALL HAVE
THEIR SALARY FOR SUCH OFFICIAL POSITION SUSPENDED PENDING SUCH INDICT-
MENT.
(B) WHERE THE INDICTMENT RESULTS IN A CONVICTION OF A CRIME AGAINST
PUBLIC TRUST, ALL MONIES EARNED BY SUCH STATE OFFICER FOR SUCH OFFICIAL
POSITION BEGINNING WITH THE PAY PERIOD IMMEDIATELY PROCEEDING THE DATE
UPON WHICH THE FIRST CONVICTED OFFENSE OCCURRED SHALL BE PAID BACK TO
THE STATE BY SUCH STATE OFFICER.
(C) WHERE THE INDICTMENT DOES NOT RESULT IN A CONVICTION OF A CRIME
AGAINST PUBLIC TRUST, SUCH SUSPENSION SHALL CEASE AND SUCH STATE OFFICER
SHALL BE PAID BACK ALL MONIES NOT PAID TO SUCH STATE OFFICER DURING SUCH
SUSPENSION.
2. FOR PURPOSES OF THIS SECTION THE TERM "CRIME INVOLVING PUBLIC
TRUST" SHALL INCLUDE BRIBERY IN THE FIRST DEGREE AS DEFINED IN SECTION
200.04 OF THE PENAL LAW, BRIBERY IN THE SECOND DEGREE AS DEFINED IN
SECTION 200.03 OF THE PENAL LAW, BRIBERY IN THE THIRD DEGREE AS DEFINED
IN SECTION 200.00 OF THE PENAL LAW, BRIBE RECEIVING IN THE FIRST DEGREE
AS DEFINED IN SECTION 200.12 OF THE PENAL LAW, BRIBE RECEIVING IN THE
SECOND DEGREE AS DEFINED IN SECTION 200.11 OF THE PENAL LAW, BRIBE
RECEIVING IN THE THIRD DEGREE AS DEFINED IN SECTION 200.10 OF THE PENAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07178-01-3
A. 6918 2
LAW, CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
496.05 OF THE PENAL LAW, CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE
AS DEFINED IN SECTION 496.04 OF THE PENAL LAW, CORRUPTING THE GOVERNMENT
IN THE THIRD DEGREE AS DEFINED IN SECTION 496.03 OF THE PENAL LAW,
CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE AS DEFINED IN SECTION
496.02 OF THE PENAL LAW, REWARDING OFFICIAL MISCONDUCT IN THE FIRST
DEGREE AS DEFINED IN SECTION 200.22 OF THE PENAL LAW, REWARDING OFFICIAL
MISCONDUCT IN THE SECOND DEGREE AS DEFINED IN SECTION 200.20 OF THE
PENAL LAW, RECEIVING REWARD FOR OFFICIAL MISCONDUCT IN THE FIRST DEGREE
AS DEFINED IN SECTION 200.27 OF THE PENAL LAW, AND RECEIVING REWARD FOR
OFFICIAL MISCONDUCT IN THE SECOND DEGREE AS DEFINED IN SECTION 200.25 OF
THE PENAL LAW.
§ 3. This act shall take effect immediately.