Bill Text: NY A01052 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes crimes of official misconduct for obtaining a benefit in the second degree, and first degree, for public officials.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2019-01-14 - referred to codes [A01052 Detail]

Download: New_York-2019-A01052-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1052
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M. of A. PAULIN, GALEF, SEAWRIGHT, D'URSO, JAFFEE, SIMO-
          TAS, THIELE -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, SCHIMMINGER
          -- read once and referred 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:
     1    Section 1. Subdivisions 1 and 2 of section 195.00 of the penal law, as
     2  amended  by  chapter  906  of  the  laws of 1990, are amended to read as
     3  follows:
     4    1. He or she commits an act relating to his or her office but  consti-
     5  tuting  an unauthorized exercise of his or her official functions, know-
     6  ing that such act is unauthorized; or
     7    2. He or she knowingly  refrains  from  performing  a  duty  which  is
     8  imposed  upon  him or her by law or is clearly inherent in the nature of
     9  his or her office.
    10    § 2. The penal law is amended by adding two new  sections  195.03  and
    11  195.04 to read as follows:
    12  § 195.03 Official  misconduct  for  obtaining  a  benefit  in the second
    13             degree.
    14    A public servant is guilty of  official  misconduct  for  obtaining  a
    15  benefit  in  the second degree when he or she commits the crime of offi-
    16  cial misconduct and he or she thereby intentionally obtains any  benefit
    17  for  himself  or herself or for another person or intentionally deprives
    18  another person of a benefit, and the value of the  benefit  exceeds  one
    19  thousand dollars.
    20    Official  misconduct for obtaining a benefit in the second degree is a
    21  class E felony.
    22  § 195.04 Official misconduct  for  obtaining  a  benefit  in  the  first
    23             degree.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03409-01-9

        A. 1052                             2
     1    A  public  servant  is  guilty  of official misconduct for obtaining a
     2  benefit in the first degree when he or she commits the crime of official
     3  misconduct for obtaining a benefit in the second degree, and  the  value
     4  of the benefit exceeds three thousand dollars.
     5    Official  misconduct  for obtaining a benefit in the first degree is a
     6  class D felony.
     7    § 3. This act shall take effect on the sixtieth  day  after  it  shall
     8  have become a law.
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