 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4707
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 24, 2017
                                       ___________
 
        Introduced  by  Sen. SANDERS -- 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 official misconduct  of  a
          public servant
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 195.00 of the penal law, as amended by chapter  906
     2  of the laws of 1990, is amended to read as follows:
     3  § 195.00 Official misconduct.
     4    A public servant is guilty of official misconduct when, with intent to
     5  obtain a benefit or deprive another person of a benefit:
     6    1.  He commits an act relating to his office but constituting an unau-
     7  thorized exercise of his official functions, knowing that  such  act  is
     8  unauthorized; [or]
     9    2.  He knowingly refrains from performing a duty which is imposed upon
    10  him by law or is clearly inherent in the nature of his office[.]; or
    11    3. He knowingly obtains, arranges or provides for himself or  another,
    12  a compensated position or public office that requires little or no actu-
    13  al attendance or work.
    14    Official misconduct is a class A misdemeanor.
    15    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02050-01-7
Relates to official misconduct of a public servant

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