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S237Senate2019-2020 Session

Toughen Commercial Bribery Laws

Official title

“Relates to commercial bribing”

Sponsor Brad Hoylman-SigalSD-27+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill removes the requirement that commercial bribery or bribe receiving must cause economic harm over $250 to be prosecuted as a first-degree offense.

Why it matters

  1. Broadens the scope of first-degree commercial bribery offenses. by allowing prosecution based solely on the value of the bribe (over $1,000), even if there is no proof of financial harm to the employer or principal—meaning more cases could be prosecuted as felonies.

  2. Increases legal risk for both bribe givers and receivers. in commercial settings, potentially deterring all high-value commercial bribery, regardless of whether concrete economic harm can be shown.

  3. Shifts focus from proving economic damage to intent and value. , making it easier for prosecutors to bring charges and possibly encouraging businesses and employees to be more vigilant about internal corruption or unethical conduct.

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Who cares

Headline styles

Toughen Commercial Bribery Laws

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

Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

Chair, Judiciary

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

237

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

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.

LBD05426-01-9

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 require- ment 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 require- ment 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 thresh- old 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.0103 of 2017-2018 (Hoylman): Died in Codes 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.