Bill Text: NY A02106 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 2106 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the penal law, in relation to official misconduct during an emergency or natural or man-made disaster

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A02106 Detail]

Download: New_York-2009-A02106-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2106
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by  M. of A. BENJAMIN, GREENE, ALFANO, WALKER -- Multi-Spon-
         sored by -- M. of A.  BARRA, CLARK, HOOPER, MILLER --  read  once  and
         referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to official misconduct during
         an emergency or natural or man-made disaster
         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 195.03  to
    2  read as follows:
    3  S  195.03 OFFICIAL MISCONDUCT DURING AN EMERGENCY OR NATURAL OR MAN-MADE
    4             DISASTER.
    5    A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT DURING AN  EMERGENCY
    6  OR NATURAL OR MAN-MADE DISASTER WHEN, WITHOUT CAUSE OR REASONABLE EXPLA-
    7  NATION:
    8    1.  HE  OR SHE COMMITS AN ACT RELATING TO HIS OR HER OFFICE OR DUTY AS
    9  AN EMERGENCY FIRST RESPONDER, CONSTITUTING AN UNAUTHORIZED  EXERCISE  OF
   10  HIS OR HER OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT IS UNAUTHORIZED; OR
   11    2.  HE  OR  SHE  KNOWINGLY  REFRAINS  FROM  PERFORMING A DUTY WHICH IS
   12  IMPOSED UPON HIM OR HER BY LAW OR IS CLEARLY INHERENT IN THE  NATURE  OF
   13  HIS OR HER OFFICE OR POSITION, AS AN EMERGENCY FIRST RESPONDER; OR
   14    3.  HE  OR SHE KNOWINGLY FAILS TO REPORT TO WORK AS AN EMERGENCY FIRST
   15  RESPONDER OR TO HIS OR HER OFFICIAL POSITION.
   16    OFFICIAL MISCONDUCT DURING AN EMERGENCY OR NATURAL OR MAN-MADE  DISAS-
   17  TER IS A CLASS E FELONY.
   18    S 2. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05354-01-9