Bill Text: NY A01222 | 2021-2022 | General Assembly | Introduced

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Bill Title: Creates the crime of official misconduct for sexual harassment by a public servant; makes it a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A01222 Detail]

Download: New_York-2021-A01222-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1222

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to  official  misconduct  for
          sexual harassment by a public servant

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 195.01  to
     2  read as follows:
     3  § 195.01 Official misconduct for sexual harassment.
     4    A  public  servant is guilty of official misconduct for sexual harass-
     5  ment when he or she commits the act of sexual harassment as  defined  in
     6  this  section.  For  purposes of this section, the following terms shall
     7  have the following meanings:
     8    (a) "Sexual harassment" shall mean making unwelcome or unwanted sexual
     9  advances, requesting sexual favors in exchange for  favorable  treatment
    10  or  continued  employment,  engaging  in verbal or physical conduct of a
    11  sexual nature which is made a term or condition of employment, or  which
    12  is used as the basis for employment decisions. "Sexual harassment" shall
    13  also  include  any type of sexual oriented conduct that is unwelcome and
    14  has the purpose or effect of unreasonably interfering with an employee's
    15  work performance or creating a work environment  that  is  intimidating,
    16  hostile,  offensive  or coercive to a reasonable person. "Sexual harass-
    17  ment" shall not be limited to male-female interaction.
    18    (b) "Public servant" shall be defined as (i)  any  public  officer  or
    19  employee  of the state or of any political subdivision thereof or of any
    20  governmental instrumentality within the state, or (ii) any person  exer-
    21  cising  the  functions  of any such public officer or employee. The term
    22  public servant shall include a person who has been elected or designated
    23  to become a public servant.
    24    Official misconduct for sexual harassment is a class A misdemeanor.
    25    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05663-01-1