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History
- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
Title of bill
An act to amend the penal law, in relation to commercial bribing
Purpose or general idea of bill
Removes the requirement that a person must cause economic harm of over two hundred fifty dollars to an employer or principal to be found guilty or commercial bribing in the first degree or commercial bribe receiving in the first degree.
Summary of specific provisions
Section 1 amends Section 180.03 of the penal law to remove the requirement that a person must cause economic harm to the employer or principal in an amount exceeding two hundred fifty dollars to be found guilty of commercial bribing in the first degree.
Section 2 amends section 180.08 of the penal law to remove the requirement that a person must cause economic harm to the employer or principal in an amount exceeding two hundred fifty dollars to be found guilty of commercial bribe receiving in the first degree.
Section 3 provides that this act shall take effect immediately.
Justification
This legislation removes an impediment to prosecuting felony bribery cases by removing a requirement that a person must cause economic harm of over two hundred fifty dollars to an employer or principal to be found guilty or commercial bribing in the first degree or commercial bribe receiving in the first degree.
In order to prosecute an individual for felony-level bribery or bribe receiving under New York State law, there is already a requirement that the bribe must exceed $1000 in value. According to the recommendation of the New York State White Collar Crime Task Force, "The $1,000 threshold for a felony bribe is more than adequate as a limiting principle, and recognizes that the harm done by bribery is the purchase of loyalty, not the economic result." The report also points out that "commercial bribery causes qualitative but not necessarily quantitative harm: the breach of trust between employer and employee; the corrupt influence that secures a contract or service; and the disadvantage to businesses that operate with integrity."
This legislation would provide law enforcement with an easier path to prosecute commercial bribery and ensure a more fair and competitive economic climate in the state of New York.
Prior legislative history
S.7528 of 2014 (Hoylman): Died in Codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.