Bill Text: NY S00100 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the crimes of bribery and abuse of public trust.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-01-09 - REFERRED TO CODES [S00100 Detail]

Download: New_York-2019-S00100-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           100
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to bribery and abuse of public trust
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 200.03 of the penal law, as amended by  section  18
     2  of  subpart A of part H of chapter 55 of the laws of 2014, is amended to
     3  read as follows:
     4  § 200.03 Bribery in the second degree.
     5    A person is guilty of bribery in the second degree when he confers, or
     6  offers or agrees to confer, any benefit valued in excess of  [five]  one
     7  thousand dollars upon a public servant [upon an agreement or understand-
     8  ing]  with an intent to influence that such public servant's vote, opin-
     9  ion, judgment, action, decision or exercise of discretion  as  a  public
    10  servant will thereby be influenced.
    11    Bribery in the second degree is a class C felony.
    12    §  2.  Section  200.04  of  the penal law, as amended by section 19 of
    13  subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
    14  read as follows:
    15  § 200.04 Bribery in the first degree.
    16    A  person  is  guilty  of  bribery in the first degree when the person
    17  confers, or offers or agrees to confer: (1) any benefit  upon  a  public
    18  servant [upon an agreement or understanding] with an intent to influence
    19  that  such public servant's vote, opinion, judgment, action, decision or
    20  exercise of discretion as a public servant will thereby be influenced in
    21  the investigation, arrest, detention, prosecution  or  incarceration  of
    22  any  person for the commission or alleged commission of a class A felony
    23  defined in article two hundred twenty of this  part  or  an  attempt  to
    24  commit  any  such class A felony; or (2) any benefit valued in excess of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03415-01-9

        S. 100                              2
     1  [one hundred] three thousand dollars upon  a  public  servant  [upon  an
     2  agreement or understanding] with an intent to influence that such public
     3  servant's  vote,  opinion,  judgment,  action,  decision  or exercise of
     4  discretion as a public servant will thereby be influenced.
     5    Bribery in the first degree is a class B felony.
     6    § 3. Section 200.00 of the penal law, as amended by chapter 833 of the
     7  laws of 1986, is amended to read as follows:
     8  § 200.00 Bribery in the third degree.
     9    A  person is guilty of bribery in the third degree when he confers, or
    10  offers or agrees to confer, any benefit upon a public servant  [upon  an
    11  agreement or understanding] with an intent to influence that such public
    12  servant's  vote,  opinion,  judgment,  action,  decision  or exercise of
    13  discretion as a public servant will thereby be influenced.
    14    Bribery in the third degree is a class D felony.
    15    § 4. Subdivision 1 of section 80.00 of the penal law,  as  amended  by
    16  section  27 of subpart A of part H of chapter 55 of the laws of 2014, is
    17  amended to read as follows:
    18    1. A sentence to pay a fine for a felony shall be a sentence to pay an
    19  amount, fixed by the court, not exceeding the higher of
    20    a. five thousand dollars; or
    21    b. double the amount of the defendant's gain from  the  commission  of
    22  the  crime or, if the defendant is convicted of a crime defined in arti-
    23  cle four hundred ninety-six of  this  chapter,  any  higher  amount  not
    24  exceeding  three  times  the  amount  of  the  defendant's gain from the
    25  commission of such offense; or
    26    c. if the conviction is for any felony defined in article two  hundred
    27  twenty  or  two  hundred  twenty-one  of  this chapter, according to the
    28  following schedule:
    29    (i) for A-I felonies, one hundred thousand dollars;
    30    (ii) for A-II felonies, fifty thousand dollars;
    31    (iii) for B felonies, thirty thousand dollars;
    32    (iv) for C felonies, fifteen thousand dollars.
    33  When imposing a fine pursuant to the provisions of this  paragraph,  the
    34  court  shall  consider the profit gained by defendant's conduct, whether
    35  the amount of the fine is  disproportionate  to  the  conduct  in  which
    36  defendant  engaged,  its impact on any victims, and defendant's economic
    37  circumstances, including the defendant's ability to pay, the  effect  of
    38  the  fine  upon his or her immediate family or any other persons to whom
    39  the defendant owes an obligation of support; or
    40    d. for an abuse of public trust crime, as defined in section 196.00 of
    41  this chapter, or any offense for which the offender's status as a public
    42  servant constitutes an element of the offense as enumerated in paragraph
    43  (b) of subdivision one of section 196.00 of this chapter, the court,  in
    44  addition  to  any  other  penalty  which may be imposed pursuant to law,
    45  shall impose a fine in accordance with the provisions of paragraph a  or
    46  b of this subdivision, whichever is greater.
    47    § 5. Section 195.00 of the penal law, as amended by chapter 906 of the
    48  laws of 1990, is amended to read as follows:
    49  § 195.00 Official misconduct in the third degree.
    50    A  public servant is guilty of official misconduct in the third degree
    51  when, with intent to obtain a benefit or deprive  another  person  of  a
    52  benefit:
    53    1.  He or she commits an act relating to his or her office but consti-
    54  tuting an unauthorized exercise of his or her official functions,  know-
    55  ing that such act is unauthorized; or

        S. 100                              3
     1    2.  He  or  she  knowingly  refrains  from  performing a duty which is
     2  imposed upon him or her by law or is clearly inherent in the  nature  of
     3  his or her office.
     4    Official  misconduct  in the third degree is a class [A misdemeanor] E
     5  felony.
     6    § 6. The penal law is amended by adding two new  sections  195.03  and
     7  195.04 to read as follows:
     8  § 195.03 Official misconduct in the second degree.
     9    A public servant is guilty of official misconduct in the second degree
    10  when  he  or  she  commits the crime of official misconduct in the third
    11  degree and he or she obtains any benefit or deprives another person of a
    12  benefit valued in excess of one thousand dollars.
    13    Official misconduct in the second degree is a class D felony.
    14  § 195.04 Official misconduct in the first degree.
    15    A public servant is guilty of official misconduct in the first  degree
    16  when  he  or  she  commits the crime of official misconduct in the third
    17  degree and he or she obtains any benefit or deprives another person of a
    18  benefit valued in excess of three thousand dollars.
    19    Official misconduct in the first degree is a class C felony.
    20    § 7. The penal law is amended by adding a new article 196 to  read  as
    21  follows:
    22                                 ARTICLE 196
    23                            ABUSE OF PUBLIC TRUST
    24  Section 196.00 Abuse of public trust crime.
    25  § 196.00 Abuse of public trust crime.
    26    1.  (a) A person commits an abuse of public trust crime when he or she
    27  commits a felony offense and either:
    28    (i) intentionally uses his or her position as a public  servant  in  a
    29  manner  that  significantly facilitates the commission or concealment of
    30  the offense; or
    31    (ii) attempts, conspires or solicits another to commit any felony, and
    32  in such attempt, conspiracy or solicitation intentionally  uses  his  or
    33  her position as a public servant to significantly facilitate the commis-
    34  sion or concealment of the offense.
    35    (b)  Notwithstanding  paragraph  (a)  of this subdivision, an abuse of
    36  public  trust  crime  shall  not  include  any  offense  for  which  the
    37  offender's  status  as  a  public  servant constitutes an element of the
    38  offense, including, but not limited to, the following provisions of this
    39  chapter: paragraph (g) of subdivision three  of  section  135.35  (labor
    40  trafficking); subdivision eight of section 135.60 (coercion in the third
    41  degree);  section  135.61 (coercion in the second degree); paragraph (c)
    42  of subdivision two of section 135.65 (coercion  in  the  first  degree);
    43  paragraph (c) of subdivision two of section 155.40 (grand larceny in the
    44  second  degree);  section  175.40 (issuing a false certificate); section
    45  195.00 (official misconduct in the third degree); section 195.03  (offi-
    46  cial  misconduct in the second degree); section 195.04 (official miscon-
    47  duct in the first degree); section 200.10 (bribe receiving in the  third
    48  degree);  section 200.11 (bribe receiving in the second degree); section
    49  200.12 (bribe receiving in the first degree); section 200.25  (receiving
    50  reward  for  official  misconduct  in the second degree); section 200.27
    51  (receiving reward for official misconduct in the first degree);  section
    52  200.35  (receiving unlawful gratuities); section 200.50 (bribe receiving
    53  for public office); paragraph (g) of subdivision five of section  230.34
    54  (sex  trafficking);  or  any  attempt or conspiracy to commit any of the
    55  foregoing offenses.

        S. 100                              4
     1    2. When a person is convicted of an abuse of public trust crime pursu-
     2  ant to subdivision one of this section and the specified  offense  is  a
     3  class  C,  D  or  E felony, the crime shall be deemed to be one category
     4  higher than the specified offense the defendant committed, or one  cate-
     5  gory  higher  than  the  offense  level  applicable  to  the defendant's
     6  conviction for an attempt or conspiracy to commit a  specified  offense,
     7  whichever is applicable.
     8    3.  Notwithstanding  any  other  provision  of  law,  when a person is
     9  convicted of a crime pursuant to subdivision one of this section and the
    10  specified offense is a class B felony:
    11    (a) the maximum term of the indeterminate sentence must  be  at  least
    12  six  years  if  the  defendant is sentenced pursuant to section 70.00 of
    13  this chapter;
    14    (b) the term of the determinate sentence must be at least eight  years
    15  if the defendant is sentenced pursuant to section 70.02 of this chapter;
    16    (c) the term of the determinate sentence must be at least twelve years
    17  if the defendant is sentenced pursuant to section 70.04 of this chapter;
    18    (d)  the  maximum  term of the indeterminate sentence must be at least
    19  four years if the defendant is sentenced pursuant to  section  70.05  of
    20  this chapter; and
    21    (e)  the maximum term of the indeterminate sentence or the term of the
    22  determinate sentence must be at least ten  years  if  the  defendant  is
    23  sentenced pursuant to section 70.06 of this chapter.
    24    4.  Notwithstanding  any  other  provision  of  law,  when a person is
    25  convicted of a crime pursuant to subdivision one of this section and the
    26  specified offense is a class A-I felony, the minimum period of the inde-
    27  terminate sentence shall be not less than twenty years.
    28    § 8. Subdivision 4 of section 200.50 of the criminal procedure law, as
    29  amended by section 15 of subpart A of part H of chapter 55 of  the  laws
    30  of 2014, is amended to read as follows:
    31    4.  A statement in each count that the grand jury, or, where the accu-
    32  satory instrument is a superior court information, the  district  attor-
    33  ney,  accuses  the  defendant  or  defendants  of  a designated offense,
    34  provided that in any prosecution under article four hundred  eighty-five
    35  of the penal law, the designated offense shall be the specified offense,
    36  as  defined  in  subdivision  three  of section 485.05 of the penal law,
    37  followed by the phrase "as a hate crime", and provided further  that  in
    38  any  prosecution  under  section 490.25 of the penal law, the designated
    39  offense shall be the specified offense, as defined in subdivision  three
    40  of  section  490.05 of the penal law, followed by the phrase "as a crime
    41  of terrorism"; and  provided  further  that  in  any  prosecution  under
    42  section  130.91  of  the  penal law, the designated offense shall be the
    43  specified offense, as defined in subdivision two of  section  130.91  of
    44  the  penal law, followed by the phrase "as a sexually motivated felony";
    45  and provided further that in any prosecution under section 496.06 of the
    46  penal law, the designated offense shall be  the  specified  offense,  as
    47  defined in subdivision two of such section, followed by the phrase "as a
    48  public  corruption  crime"; and provided further that in any prosecution
    49  under article one hundred ninety-six of the penal  law,  the  designated
    50  offense  shall  be the designated felony offense, as defined in subdivi-
    51  sion two of section 196.00 of the penal law, followed by the phrase  "as
    52  an abuse of public trust crime"; and
    53    §  9. Subdivision 7 of section 200.50 of the criminal procedure law is
    54  amended by adding a new paragraph (f) to read as follows:
    55    (f) in the case of an abuse of  public  trust  crime,  as  defined  in
    56  section  196.00  of  the  penal  law, specifies, as applicable, that the

        S. 100                              5
     1  defendant or defendants committed, or attempted, conspired or  solicited
     2  another  to  commit, a felony and intentionally used his or her position
     3  as a public servant in  a  manner  that  significantly  facilitated  the
     4  commission or concealment of the offense; and
     5    § 10. This act shall take effect immediately.
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