What's happening
This bill makes it a class E felony for public officials to give or receive unlawful benefits over $3,000, excluding campaign contributions.
Why it matters
Targets both givers and receivers. The bill criminalizes not only public officials who accept unlawful benefits over $3,000, but also anyone who offers or gives such benefits, closing loopholes that previously may have only focused on one side of corrupt transactions.
Establishes a clear monetary threshold. By specifying a $3,000 minimum value for “unlawful benefits,” the law draws a concrete line, ensuring that only significant, potentially influential exchanges are prosecuted, and avoiding criminalization of minor or incidental gifts.
Explicitly excludes campaign contributions. The bill carves out an exception for campaign donations regulated under election law, clarifying that legitimate political fundraising is not criminalized, but also underscoring the distinction between legal contributions and illegal personal benefits.
Creates a new felony-level offense. By classifying violations as a class E felony, the bill elevates the seriousness of these acts, increasing potential penalties and deterrence for public corruption involving substantial sums.
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Who cares
Headline styles
Ban Big Bribes to Officials
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Big Gifts to Officials
In Senate Committee · Investigations And Government Operations · Sponsor Todd Kaminsky
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4006
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to giving and/or receiving unlawful benefits
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 200.31 to read as follows: § 200.31 Giving unlawful benefits.
Anyone who otherwise than as provided by law for the proper discharge of official duty directly or indirectly gives, offers or promises any benefit with a value in excess of three thousand dollars, with the exception of campaign contributions under article fourteen of the election law, to any public official or person selected to be a public official because of that person's official position.
Giving unlawful benefits is a class E felony.
§ 2. The penal law is amended by adding a new section 200.36 to read as follows: § 200.36 Receiving unlawful benefits.
Anyone who, being a public official or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly seeks, receives or agrees to receive any benefit, with the exception of campaign contributions under article fourteen of the election law, with a value in excess of three thousand dollars because of that person's official position.
Receiving unlawful benefits is a class E felony.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07868-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.