What's happening
This bill makes it a class E felony to give or receive unlawful benefits over $3,000 to or by public officials, excluding campaign contributions.
Why it matters
Targets both givers and receivers. The bill criminalizes not just public officials who accept unlawful benefits, but also individuals or entities who offer or give such benefits, aiming to close loopholes on both sides of corrupt exchanges.
Establishes a clear monetary threshold. By setting the value at over $3,000, the law draws a distinct line for what constitutes a felony offense, potentially reducing ambiguity in prosecution and deterring larger-scale corruption.
Explicitly excludes campaign contributions. The bill makes clear that campaign donations regulated under election law are not counted as unlawful benefits, maintaining a legal distinction between political fundraising and personal enrichment.
Strengthens public accountability. Elevating these actions to a class E felony increases the legal consequences for unethical conduct by public officials, signaling a commitment to greater governmental integrity and trust.
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Who cares
Headline styles
Ban Big Bribes to Officials
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 · Codes · Sponsor Todd Kaminsky
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2507
2019-2020 Regular Sessions
IN ASSEMBLY
January 23, 2019
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.
LBD03408-01-9
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.