Senate Bill S3160

2023-2024 Legislative Session

Relates to undisclosed self-dealing

download bill text pdf

Sponsored By

Current 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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2023-S3160 (ACTIVE) - Details

See Assembly Version of this Bill:
A5068
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§195.30 & 195.35, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7531
2015-2016: S500, A5160
2017-2018: S124, A3668
2019-2020: S440, A2648
2021-2022: S993, A3690

2023-S3160 (ACTIVE) - Summary

Prohibits conduct in an official capacity in connection with the award of a public contract or public grant that is intended to confer an undisclosed benefit on a public servant, a person with whom a public servant has a business or other financial relationship.

2023-S3160 (ACTIVE) - Sponsor Memo

2023-S3160 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3160
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  KENNEDY -- 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 undisclosed self-dealing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding two new sections 195.30
 and 195.35 to read as follows:
 § 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN  THE  SECOND  DEGREE
 WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
 OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
 WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
 OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
 CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF,  A  SPOUSE,  DOMESTIC
 PARTNER,  CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON WITH
 WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
 A FIRM IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR  POTENTIAL  INTEREST
 AND  THEREBY  OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  BENEFIT FOR HIMSELF,
 HERSELF, A SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR  SIBLING  OF  THE
 PUBLIC  SERVANT,  A  PERSON WITH WHOM A PUBLIC SERVANT HAS A BUSINESS OR
 OTHER FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT  HAS
 A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF THREE THOUSAND
 DOLLARS.  A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO
 THE ALLEGED WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE  OR  LOCAL
 ETHICS  COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERV-
 ANT'S APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT  A
 PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
   UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE
 WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02771-01-3
              

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