S T A T E O F N E W Y O R K
________________________________________________________________________
1931
2025-2026 Regular Sessions
I N S E N A T E
January 14, 2025
___________
Introduced by Sens. WEBER, BORRELLO, MURRAY -- 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 enacting "Lindsey's law"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
"Lindsey's law".
§ 2. The penal law is amended by adding a new section 195.01 to read
as follows:
§ 195.01 OFFICIAL MISCONDUCT FOR RETALIATION.
A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT FOR RETALIATION WHEN
SUCH PUBLIC SERVANT, AS RETALIATION AGAINST AN EMPLOYEE, PAID OR UNPAID
INTERN OR NON-EMPLOYEE FOR MAKING A COMPLAINT OR CLAIM ABOUT ANY INCI-
DENT OR INCIDENTS OF SEXUAL HARASSMENT, KNOWINGLY AND PURPOSEFULLY
DISCLOSES ANY CONFIDENTIAL GOVERNMENT RECORDS, INCLUDING BUT NOT LIMITED
TO PERSONNEL FILES AND CONFIDENTIAL INFORMATION OR DOCUMENTS PERTAINING
TO SUCH INCIDENT OR INCIDENTS OF SEXUAL HARASSMENT, TO ANY OTHER PARTY
WHO WOULD NOT OTHERWISE BE ENTITLED TO SUCH INFORMATION, AFTER SUCH
COMPLAINT OR CLAIM HAS BEEN MADE.
FOR PURPOSES OF THIS SECTION: 1. "SEXUAL HARASSMENT" SHALL MEAN MAKING
UNWELCOME OR UNWANTED SEXUAL ADVANCES, REQUESTING SEXUAL FAVORS IN
EXCHANGE FOR FAVORABLE TREATMENT OR CONTINUED EMPLOYMENT, ENGAGING IN
VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHICH IS MADE A TERM OR
CONDITION OF EMPLOYMENT, OR WHICH IS USED AS THE BASIS FOR EMPLOYMENT
DECISIONS. "SEXUAL HARASSMENT" SHALL ALSO INCLUDE ANY TYPE OF SEXUALLY
ORIENTED CONDUCT THAT IS UNWELCOME AND HAS THE PURPOSE OR EFFECT OF
UNREASONABLY INTERFERING WITH AN EMPLOYEE'S WORK PERFORMANCE OR CREATING
A WORK ENVIRONMENT THAT IS INTIMIDATING, HOSTILE, OFFENSIVE OR COERCIVE
TO A REASONABLE PERSON. "SEXUAL HARASSMENT" SHALL NOT BE LIMITED TO
MALE-FEMALE INTERACTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03327-01-5
S. 1931 2
2. "PUBLIC SERVANT" SHALL MEAN (I) ANY PUBLIC OFFICER OR EMPLOYEE OF
THE STATE OR OF ANY POLITICAL SUBDIVISION THEREOF OR OF ANY GOVERNMENTAL
INSTRUMENTALITY WITHIN THE STATE, OR (II) ANY PERSON EXERCISING THE
FUNCTIONS OF ANY SUCH PUBLIC OFFICER OR EMPLOYEE. THE TERM PUBLIC SERV-
ANT SHALL INCLUDE A PERSON WHO HAS BEEN ELECTED OR DESIGNATED TO BECOME
A PUBLIC SERVANT.
OFFICIAL MISCONDUCT FOR RETALIATION IS A CLASS A MISDEMEANOR.
§ 3. This act shall take effect immediately.