What's happening
This bill creates new felony crimes for public servants who use their office to obtain benefits over $1,000 or $3,000.
Why it matters
Raises the stakes for corruption. By making it a felony for public officials to misuse their position for personal gain over $1,000 (class E felony) or $3,000 (class D felony), the law aims to significantly deter abuse of power, not just minor infractions.
Targets both personal gain and harm to others. The bill covers not only officials who benefit themselves or others, but also those who intentionally deprive someone else of a benefit, broadening accountability for misconduct.
Potential for stronger enforcement and penalties. Felony charges mean longer sentences and more severe consequences than misdemeanors, which could lead to more aggressive prosecution of official misconduct and potentially greater public 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.
District attorneys
The bill would create two felony charges for prosecuting official misconduct tied to benefits exceeding the specified dollar thresholds.
People deprived of benefits through official misconduct
The new felony offenses would cover public servants who intentionally deprive another person of a benefit worth more than $1,000.
Headline styles
Crack Down on Corrupt 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.
Crack Down on Corrupt Officials
In Assembly Committee · Codes · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
107
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KAMINSKY -- 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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03409-01-9
S. 107 2
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
S.4033-A- 2017/2018
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.