Provides for the imposition of mandatory fine upon certain public officials convicted of a designated felony offense related to his or her official duties

Summary of provisions

Section 1 of this bill amends Subdivision 1 of Section 80.00 of the Penal Law to mandate that, in addition to any other sanction, a fine be imposed upon any public servant who abuses the public trust, the amount of which is based upon the gain received or imparted by the guilty public servant.

Section 2 of this bill amends Section 195.00 of the Penal Law to rename and reclassify the current crime of "Official Misconduct" as "Official Misconduct in the Third Degree." A person convicted of violating this Section will now be guilty of a Class E Felony rather than a Class A Misdemeanor.

Section 3 of this bill adds two new Sections, 195.01 and 195.02, to the Penal Law:

Section 195.01 of the Penal Law establishes the crime of "Official Misconduct in the Second. Degree," a Class D Felony. A public servant is guilty of Official Misconduct in the Second Degree when he or she commits the crime of Official Misconduct in the Third Degree and he or she obtains any benefit or deprives another person of a benefit valued in excess of $1,000.

Section 195.02 of the Penal Law establishes the crime of "Official Misconduct in the First Degree," a Class C Felony. A public servant is guilty of Official Misconduct in the First Degree when he or she commits the crime of Official Misconduct in the Third Degree and he or she obtains any benefit or deprives another person of a benefit valued in excess of $3,000.

Section 4 of this bill creates a new Article 196 of the Penal Law, titled "Abuse of Public Trust." Pursuant to this Article, if a public servant commits a crime in abuse of public trust, by either intentionally using his or her position as .a public servant in a manner that significantly facilitates the commission or concealment of a felony offense, or by attempting, conspiring or soliciting another to commit any felony, and in such attempt, conspiracy or solicitation intentionally uses his or her position as a public servant to significantly facilitate the commission or concealment of the offense, then the public servant faces an enhanced punishment. Specifically, the level of felony will be elevated one category higher than normally associated with the specified offense the defendant committed for a Class C, D or E Felony, and a defendant who is convicted of a Class A-1 or B Felony will face enhanced sentencing.

Sections 5 and 6 of this bill amend Subdivisions 4 and 7 of Section 200.50 of the Criminal Procedure Law with respect to the language that must be included in an indictment charging a defendant with the crime of abuse of public trust.

Section 7 of this bill provides for an effective date of the one-hundred twentieth day after it shall have become a law.

Prior legislative history

S. 3185-B and A. 5049-B of 2011-2012

Justification

When public servants participate in criminal conduct related to the performance of or the failure to perform their official duties and responsibilities, they have exploited their office, thereby diminishing the public's trust in government. Public servants who commit a designated felony offense in order to secure financial advantage for themselves or others should not be entitled to the benefits derived from the abuse of public office and should suffer a financial penalty.

This bill provides for enhanced criminal penalties for any public servant who abuses his or her office by using such office to commit or to facilitate the commission or concealment of a crime, and who thereby violates the duty owed to the public and concomitantly undermines the public's confidence in government.

Current law has proved to be woefully inadequate to deter and punish those who misuse or abuse their public office for personal gain. The law must be strengthened to reflect more clearly the gravity of these criminal breaches of the public trust, to punish such actions and to prevent their recurrence. With this legislation, these goals are accomplished by increasing the criminal penalties not only for official misconduct but for any crime committed by a public servant who uses his or her official status to further his or her personal interest at the expense of the public's trust in the integrity of government.

The Comptroller urges passage of this legislation.

Budget implications

This bill has no significant fiscal impact.

Effective date

This bill would take effect on the one-hundred twentieth day after it shall have become a law.