Bill Text: NY A05160 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to undisclosed self-dealing.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A05160 Detail]

Download: New_York-2015-A05160-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5160
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 12, 2015
                                      ___________
       Introduced by M. of A. LAVINE -- read once and referred to the Committee
         on Codes
       AN ACT to amend the penal law, in relation to undisclosed self-dealing
         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 two new sections  195.30
    2  and 195.35 to read as follows:
    3  S 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
    4    A  PERSON  IS  GUILTY OF UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE
    5  WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
    6  OR A COURSE OF CONDUCT IN HIS OR HER  OFFICIAL  CAPACITY  IN  CONNECTION
    7  WITH  THE  AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
    8  OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS  THAT  IS  INTENDED  TO
    9  CONFER  AN  UNDISCLOSED  BENEFIT ON HIMSELF, HERSELF, A SPOUSE, DOMESTIC
   10  PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON  WITH
   11  WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
   12  A  FIRM  IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
   13  AND THEREBY OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  BENEFIT  FOR  HIMSELF,
   14  HERSELF,  A  SPOUSE,  DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
   15  PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS  A  BUSINESS  OR
   16  OTHER  FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
   17  A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF THREE THOUSAND
   18  DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR  TO
   19  THE  ALLEGED  WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL
   20  ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC  SERV-
   21  ANT'S  APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A
   22  PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
   23    UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
   24  S 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
   25    A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING  IN  THE  FIRST  DEGREE
   26  WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01860-03-5
       A. 5160                             2
    1  OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
    2  WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
    3  OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
    4  CONFER  AN  UNDISCLOSED  BENEFIT ON HIMSELF, HERSELF, A SPOUSE, DOMESTIC
    5  PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON  WITH
    6  WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
    7  A  FIRM  IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
    8  AND THEREBY OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  BENEFIT  FOR  HIMSELF,
    9  HERSELF,  A  SPOUSE,  DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
   10  PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS  A  BUSINESS  OR
   11  OTHER  FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
   12  A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF  TEN  THOUSAND
   13  DOLLARS.  A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO
   14  THE ALLEGED WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE  OR  LOCAL
   15  ETHICS  COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERV-
   16  ANT'S APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT  A
   17  PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
   18    UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE IS A CLASS C FELONY.
   19    S 2. This act shall take effect immediately.