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. LBD03409-01-9A. 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.