Relates to the crimes of bribery and abuse of public trust

Title of bill

An act to amend the penal law and the criminal procedure law, in relation to bribery and abuse of public trust

Purpose

To strengthen the penalties for public officials who participate in acts of bribery, attempted bribery and other crimes that are committed through their position as a public official.

Summary of provisions

Sections 200.00 200.03, 200.04 of the penal law are amended to add "intent to influence" language and to lower the threshold amount of bribes, thereby increasing penalties.

Sections 1, 2 and 3 of the bill re-order the incremental level of felony charges imposed, as they relate to the threshold amount of the accepted bribe, as follows:

*1st degree bribery is lowered from $100,000 or more to $3,000 or more *2nd degree bribery is lowered from $5,000 or more to $1,000 or more *3rd degree bribery currently refers to "any benefit" and is not changed in the bill

Section 4 adds penalties for the new crime of abuse of public trust.

Section 5 adds official misconduct in the third degree as a class E felony.

Section 6 amends the penal law by adding section 195.03, official misconduct in the second degree (Class D felony) when the crime of official misconduct in the third degree is committed and the perpetrator obtains a benefit (or deprives another of a benefit) valued in excess of $1,000.

Section 7 adds an abuse of public trust crime that shifts class C, D or E felonies committed in this section one category higher than the specified offense committed.

Justification

This bill will serve to first act as a strong deterrent to any elected official who is tempted to betray the public trust for monetary or other personal gain. New York citizens have been victimized over and over again by the very people they elected to represent and advocate for them in government. The sheer number of convictions during the past decade in New York is clear evidence that our current laws are a dismal failure in preventing numerous acts of corruption and abuse of office. The deterrence goal of this legislation is set forth by creating and enhancing a straightforward set of laws that intertwine and clearly amount to high stakes for anyone contemplating these criminal acts.

The second goal of this legislation is to ensure that, when a public official puts themselves above the taxpayers of this state, they will face much more stringent consequences than they have in the past.This bill also better equips those charged with prosecuting these crimes with the tools they need to do their job in a matter that leaves no doubt that these acts are unethical, dishonest, illegal and will be punished accordingly in our criminal statutes.

Recent convictions have revealed that perpetrators of these crimes have arrived at a state of mind where they have justified their bad acts to themselves through years of escalating behaviors that go unchecked. The provisions in this legislation provide a more identifiable line between ethical and unethical, and legal and illegal. And, when that clearly defined line is crossed, prosecutors will be better able to prove these violations, and halt the acts as early as possible.

Legislative history

This is a new bill.

Fiscal implications

Expected cost savings to the state. Public corruption, bribery and abuse of public trust are weighty cost burdens to our taxpayers. Any crimes prevented through this section will provide immediate savings to the citizens of New York.

Effective date

Immediate.