S T A T E O F N E W Y O R K ________________________________________________________________________ 501 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ 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 commercial bribing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 180.03 of the penal law, as amended by chapter 577 2 of the laws of 1983, is amended to read as follows: 3 S 180.03 Commercial bribing in the first degree. 4 A person is guilty of commercial bribing in the first degree when he 5 OR SHE confers, or offers or agrees to confer, any benefit upon any 6 employee, agent or fiduciary without the consent of the latter's employ- 7 er or principal, with intent to influence his OR HER conduct in relation 8 to his OR HER employer's or principal's affairs, and when the value of 9 the benefit conferred or offered or agreed to be conferred exceeds one 10 thousand dollars [and causes economic harm to the employer or principal 11 in an amount exceeding two hundred fifty dollars]. 12 Commercial bribing in the first degree is a class E felony. 13 S 2. Section 180.08 of the penal law, as amended by chapter 577 of the 14 laws of 1983, is amended to read as follows: 15 S 180.08 Commercial bribe receiving in the first degree. 16 An employee, agent or fiduciary is guilty of commercial bribe receiv- 17 ing in the first degree when, without the consent of his employer or 18 principal, he OR SHE solicits, accepts or agrees to accept any benefit 19 from another person upon an agreement or understanding that such benefit 20 will influence his OR HER conduct in relation to his OR HER employer's 21 or principal's affairs, and when the value of the benefit solicited, 22 accepted or agreed to be accepted exceeds one thousand dollars [and 23 causes economic harm to the employer or principal in an amount exceeding 24 two hundred fifty dollars]. 25 Commercial bribe receiving in the first degree is a class E felony. 26 S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01864-01-5