Bill Text: NY A05105 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 5105

Introduced

Bill Title: Relates to the crime of official misconduct for sexual harassment for members of the New York state legislature; makes it a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A05105 Detail]

Download: New_York-2023-A05105-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          5105

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        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  the  crime  of  official
          misconduct for sexual harassment by a member of the state legislature

          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, while  serving
     6  as  a  member  of  the  New York state legislature. For purposes of this
     7  section, "sexual harassment" shall be defined  as  making  unwelcome  or
     8  unwanted  sexual  advances,  requesting  sexual  favors  in exchange for
     9  favorable treatment or continued employment, engaging in verbal or phys-
    10  ical conduct of a sexual nature which is made a  term  or  condition  of
    11  employment,  or  using the refusal or acceptance of such advances as the
    12  basis for employment decisions. "Sexual harassment" shall  also  include
    13  any  type  of  sexually  oriented  conduct that is unwelcome and has the
    14  purpose or effect of unreasonably interfering with  an  employee's  work
    15  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    Official misconduct for sexual harassment is a class A misdemeanor.
    19    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00398-01-3