Senate Bill S9040

                                 
BILL NUMBER: S9040

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the penal law, in relation to including public officers
or employees of the federal government within the definition of public
servant

 
PURPOSE OR GENERAL IDEA OF BILL:

To hold federal officials to the same standards of conduct as state
officials in relation to criminal acts such as official misconduct,
bribery, or corrupting the government.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Current penal law section 10.15 defines "public servant" for
purposes of penal code articles governing acts such as official miscon-
duct, bribery, and corrupting the government. This bill expands the
definition to include public officers or employees of the United States
government in addition to existing law covering only public officers or
              

employees or state or local government.

Section 2. Immediate effective date.

 
JUSTIFICATION:

State anti-corruption laws have been designed and modified over time to
provide criminal penalties for elected officials or staff who violate
the public trust through acts like accepting bribes or otherwise abusing
the power of their office. The applicability of these laws typically
depends on the manner in which the state defines "public servant" or
"public official." In some states, such as New York, this is limited to
officers or employees of the state or its political subdivisions, such
as counties or towns. However, several states including Colorado, India-
na, and Maine also include officers or employees of the federal govern-
ment in their statutes.

New Yorkers should be able to trust their public officers to uphold
legal and ethical standards whether they serve in State or Federal
government. Voters often choose their state legislators, statewide
electeds, and Members of Congress on the same ballots, and rely on their
trustworthiness to the same degree. State and federal officials interact
regularly, advocate for and against similar issues, and public
corruption by federal officials can impact state policy and vice versa.

While State electeds are of course subject to federal law, New York's
good government statutes do not hold our federal electeds to the same
penal law rules as our state officials. This bill would expand the defi-
nition of "public servant" in the penal law to hold our state's federal
officials, such as our US Senators and Representatives, to the same
statutory conduct requirements as state officials.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:
None to the state

 
EFFECTIVE DATE:
Immediate