Bill Text: NY S00037 | 2019-2020 | General Assembly | Introduced


Bill Title: Makes technical corrections to the descriptions of certain bribery offenses and defenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00037 Detail]

Download: New_York-2019-S00037-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           37
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT  to  amend  the  penal  law,  in  relation  to  making  technical
          corrections  to  the  descriptions  of  certain  bribery  offenses and
          defenses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 200.00 of the penal law, as amended by chapter 833
     2  of the laws of 1986, is amended to read as follows:
     3  § 200.00 Bribery in the third degree.
     4    A person is guilty of bribery in the  third  degree  when  he  or  she
     5  confers,  or offers or agrees to confer, any benefit upon a public serv-
     6  ant [upon an agreement or understanding that] with the intent to  influ-
     7  ence  such public servant's vote, opinion, judgment, action, decision or
     8  exercise of discretion as a public servant [will thereby be influenced].
     9    Bribery in the third degree is a class D felony.
    10    § 2. Section 200.03 of the penal law, as  amended  by  section  18  of
    11  subpart  A  of  part  H of chapter 55 of the laws of 2014, is amended to
    12  read as follows:
    13  § 200.03 Bribery in the second degree.
    14    A person is guilty of bribery in the second  degree  when  he  or  she
    15  confers,  or offers or agrees to confer, any benefit valued in excess of
    16  five thousand dollars upon a public servant [upon an agreement or under-
    17  standing that] with the intent to influence such public servant's  vote,
    18  opinion,  judgment,  action,  decision  or  exercise  of discretion as a
    19  public servant [will thereby be influenced].
    20    Bribery in the second degree is a class C felony.
    21    § 3. Section 200.04 of the penal law, as  amended  by  section  19  of
    22  subpart  A  of  part  H of chapter 55 of the laws of 2014, is amended to
    23  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03277-01-9

        S. 37                               2
     1  § 200.04 Bribery in the first degree.
     2    A  person  is  guilty  of  bribery in the first degree when the person
     3  confers, or offers or agrees to confer: (1) any benefit  upon  a  public
     4  servant  [upon  an  agreement  or understanding that] with the intent to
     5  influence such public servant's vote, opinion, judgment,  action,  deci-
     6  sion  or  exercise  of  discretion  as a public servant [will thereby be
     7  influenced] in the  investigation,  arrest,  detention,  prosecution  or
     8  incarceration  of any person for the commission or alleged commission of
     9  a class A felony defined in article two hundred twenty of this  part  or
    10  an  attempt to commit any such class A felony; or (2) any benefit valued
    11  in excess of one hundred thousand dollars upon a public servant [upon an
    12  agreement or understanding that]  with  the  intent  to  influence  such
    13  public  servant's  vote, opinion, judgment, action, decision or exercise
    14  of discretion as a public servant [will thereby be influenced].
    15    Bribery in the first degree is a class B felony.
    16    § 4. Section 200.05 of the penal law is amended to read as follows:
    17  § 200.05 Bribery; defense.
    18    In any prosecution for bribery[,]:  (1)  it  is  a  defense  that  the
    19  defendant  conferred  or  agreed to confer the benefit involved upon the
    20  public servant involved as a result of conduct of the latter  constitut-
    21  ing larceny committed by means of extortion, or an attempt to commit the
    22  same,  or  coercion,  or an attempt to commit coercion[.]; and (2) it is
    23  also a defense that the benefit that the defendant conferred, or offered
    24  or agreed to confer, upon the public servant was a  legitimate  campaign
    25  contribution,  unless  such  contribution  was made upon an agreement or
    26  understanding  that  such  public  servant's  vote,  opinion,  judgment,
    27  action,  decision  or  exercise  of discretion as a public servant would
    28  thereby be influenced.
    29    § 5. This act shall take effect on the first of November next succeed-
    30  ing the date on which it shall have become a law.
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