What's happening
This bill removes the requirement that commercial bribery cause at least $250 in economic harm to the employer or principal.
Why it matters
Expands the scope of commercial bribery prosecutions. By removing the requirement that the bribery cause at least $250 in economic harm, prosecutors no longer need to prove a specific financial loss to the employer or principal, potentially making it easier to bring charges.
Focuses on intent and benefit value. The key elements for first-degree commercial bribery and bribe receiving now become the intent to influence conduct and the value of the benefit (over $1,000), not the actual economic impact on the business.
Could increase deterrence and accountability. Employees, agents, and fiduciaries may face greater legal risk for accepting or soliciting bribes over $1,000, regardless of whether the employer suffers measurable financial harm, possibly deterring more forms of corrupt behavior.
May lead to more prosecutions and broader application. The law’s change means a wider range of bribery cases—especially those where harm is hard to quantify—could now be prosecuted, affecting how businesses handle internal investigations and compliance.
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Who cares
Headline styles
Toughen Commercial Bribery Laws
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
103
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- 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 commercial bribing
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 180.03 of the penal law, as amended by chapter 577 of the laws of 1983, is amended to read as follows: § 180.03 Commercial bribing in the first degree.
A person is guilty of commercial bribing in the first degree when he or she confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his or her conduct in relation to his or her employer's or principal's affairs, and when the value of the benefit conferred or offered or agreed to be conferred exceeds one thousand dollars [and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars].
Commercial bribing in the first degree is a class E felony.
§ 2. Section 180.08 of the penal law, as amended by chapter 577 of the laws of 1983, is amended to read as follows: § 180.08 Commercial bribe receiving in the first degree.
An employee, agent or fiduciary is guilty of commercial bribe receiving in the first degree when, without the consent of his or her employer or principal, he or she solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to his or her employer's or principal's affairs, and when the value of the benefit solicited, accepted or agreed to be accepted exceeds one thousand dollars [and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars].
Commercial bribe receiving in the first degree 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.
LBD05320-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 $1,000 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.501 of 2015-2016 (Hoylman): Died in Codes 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.