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