What's happening
This bill creates new felony offenses for public servants who commit official misconduct to obtain benefits exceeding $1,000 or $3,000.
Why it matters
Raises the stakes for corrupt public servants. By making official misconduct involving personal gain over $1,000 or $3,000 a felony (rather than just a misdemeanor), the bill aims to deter more serious abuses of public office and signal that larger-scale corruption will carry stiffer consequences.
Targets both self-enrichment and harm to others. The law covers not just officials who enrich themselves or their associates, but also those who intentionally deprive others of benefits, broadening the types of misconduct that can be prosecuted under these new felonies.
Introduces tiered felony charges based on benefit amount. The bill creates two levels of felony charges—Class E for benefits over $1,000 and Class D for those over $3,000—allowing prosecutors and courts to distinguish between degrees of severity in official misconduct cases.
Could improve public trust and accountability. By strengthening criminal penalties for corrupt acts, the legislation aims to reassure the public that serious violations by officials will be met with appropriately serious legal responses, potentially improving trust in government institutions.
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Who cares
Public servants
The bill would make official misconduct that intentionally obtains or deprives someone of a benefit worth more than $1,000 a class E felony, rising to a class D felony above $3,000.
Prosecutors
The bill would create two felony charges for official misconduct tied to the value of a benefit intentionally obtained or denied.
People deprived of benefits through official misconduct
The new crimes would cover public servants who intentionally deprive another person of a benefit worth more than $1,000.
Headline styles
Make Official Misconduct a Crime
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
2 Multi-sponsors
History
- 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.
Crack Down on Official Misconduct
In Senate Committee · Codes · Sponsor Todd Kaminsky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9726
IN ASSEMBLY
February 2, 2018
Introduced by M. of A. PAULIN, GALEF, SEAWRIGHT, D'URSO, JAFFEE, SIMO- TAS, THIELE, PELLEGRINO -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, SCHIMMINGER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing crimes relating to official misconduct for obtaining a benefit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 195.00 of the penal law, as amended by chapter 906 of the laws of 1990, are amended to read as follows:
1. He or she commits an act relating to his or her office but constituting an unauthorized exercise of his or her official functions, knowing that such act is unauthorized; or
2. He or she knowingly refrains from performing a duty which is imposed upon him or her by law or is clearly inherent in the nature of his or her office.
§ 2. The penal law is amended by adding two new sections 195.03 and 195.04 to read as follows: § 195.03 Official misconduct for obtaining a benefit in the second
degree.
A public servant is guilty of official misconduct for obtaining a benefit in the second degree when he or she commits the crime of official misconduct and he or she thereby intentionally obtains any benefit for himself or herself or for another person or intentionally deprives another person of a benefit, and the value of the benefit exceeds one thousand dollars.
Official misconduct for obtaining a benefit in the second degree is a class E felony. § 195.04 Official misconduct for obtaining a benefit in the first
degree.
A public servant is guilty of official misconduct for obtaining a benefit in the first degree when he or she commits the crime of official misconduct for obtaining a benefit in the second degree, and the value of the benefit exceeds three thousand dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14180-02-8
A. 9726 2
Official misconduct for obtaining a benefit in the first degree is a class D felony.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
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.