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S4033Senate2017-2018 SessionSame asA9726

Crack Down on Official Misconduct

Official title

“Establishes crimes relating to official misconduct for obtaining a benefit”

Sponsor Todd KaminskySD-9Affects Legal
Status
In Senate Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill creates new felony crimes for public servants who commit official misconduct to obtain benefits over $1,000 or $3,000.

Why it matters

  1. Raises the stakes for public servants. by making it a felony (not just a misdemeanor) if an official abuses their position to gain substantial benefits—over $1,000 (second degree) or $3,000 (first degree). This could deter misconduct by increasing potential penalties.

  2. Targets corruption involving significant sums. , focusing enforcement efforts on cases where public trust is most at risk due to higher-value abuses, rather than minor infractions.

  3. Expands accountability. by explicitly defining and punishing both the act of securing benefits for oneself or others and intentionally depriving others of benefits through official misconduct.

  4. Could impact plea negotiations and sentencing. for public servants accused of misconduct, as felony charges carry more severe consequences, including possible prison time and loss of professional licenses or pensions.

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Who cares

Headline styles

Crack Down on Official Misconduct

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Todd Kaminsky

Senator · Senate District 9

No co-sponsors yet.

History

  1. Print number 4033a
  2. Amend (t) and recommit to codes
  3. Referred to codes
  4. 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.

A9726Assembly

Make Official Misconduct a Crime

In Assembly Committee · Codes · Sponsor Amy Paulin

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4033--A

2017-2018 Regular Sessions

IN SENATE

February 2, 2017

Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09091-02-8

S. 4033--A 2

§ 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.

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.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to estab- lishing crimes relating to official misconduct for obtaining a benefit

Purpose or general idea of bill

This bill enhances the penalties for the crime of Official Misconduct.

Summary of provisions

This bill enhances the penalties for the existing crime of official misconduct contained in Penal Law section 195. An existing violation would go from an A misdemeanor to an E felony. In addition, the bill establishes D and C felonies depending on the value of benefit received.

Justification

This bill will serve to act as a strong deterrent to any elected offi- cial 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 them in government. The sheer number of convictions during the past decade in New York serves as evidence that our current laws are failing to prevent corruption and abuse of office. The deterrence goal of this legislation is set forth by creating and enhancing the penalties for the crime of official misconduct.

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, in part by ensuring that punishments for more serious acts of official misconduct fit the crime. This bill also better equips those charged with prosecuting these crimes with the tools they need to do their job in a manner that leaves no doubt that these acts are unethical, dishon- est, 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 establish that not every act of Official Misconduct is identical, and ensure that these crimes are punished at a level commensurate with their impact on the community.

Prior legislative history

2017: New bill

Fiscal implications

None.

Effective date

This act shall take on the sixtieth day after it becomes law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.