Bill Text: NY S03746 | 2019-2020 | General Assembly | Amended

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Bill Title: Creates the crime of official misconduct for sexual intimidation by a public servant; makes it a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S03746 Detail]

Download: New_York-2019-S03746-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3746--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 13, 2019
                                       ___________

        Introduced by Sens. KENNEDY, BENJAMIN -- read twice and ordered printed,
          and  when printed to be committed to the Committee on Codes -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee

        AN  ACT  to  amend the penal law, in relation to official misconduct for
          sexual intimidation by a public servant

          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 intimidation.
     4    A public servant is guilty of official misconduct  for  sexual  intim-
     5  idation when he or she commits the act of sexual intimidation as defined
     6  in this section. For purposes of this section, the following terms shall
     7  have the following meanings:
     8    (a)  "Sexual  intimidation"  shall  mean  making unwelcome or unwanted
     9  sexual advances, requesting sexual  favors  in  exchange  for  favorable
    10  treatment  or  continued  employment,  engaging  in  verbal  or physical
    11  conduct of a sexual nature which is made a term or condition of  employ-
    12  ment,  or  which  is used as the basis for employment decisions. "Sexual
    13  intimidation" shall also include any type  of  sexual  oriented  conduct
    14  that  is  unwelcome and has the purpose or effect of unreasonably inter-
    15  fering with an employee's work performance or creating a  work  environ-
    16  ment  that  is intimidating, hostile, offensive or coercive to a reason-
    17  able person. "Sexual intimidation" shall not be limited  to  male-female
    18  interaction.
    19    (b)  "Public  servant"  shall  be defined as (i) any public officer or
    20  employee of the state or of any political subdivision thereof or of  any
    21  governmental  instrumentality within the state, or (ii) any person exer-
    22  cising the functions of any such public officer or  employee.  The  term

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04157-02-9
        S. 3746--A                          2

     1  public servant shall include a person who has been elected or designated
     2  to become a public servant.
     3    Official misconduct for sexual intimidation is a class A misdemeanor.
     4    § 2. This act shall take effect immediately.