What's happening
This bill updates and clarifies the language in New York's bribery laws, including new defenses for legitimate campaign contributions.
Why it matters
Clarifies what constitutes bribery. by focusing on the intent to influence a public servant’s actions, rather than requiring proof of an explicit agreement or understanding—making it potentially easier to prosecute attempted bribery.
Introduces a clear defense for legitimate campaign contributions,. stating they are not considered bribes unless there is an explicit agreement that a public servant’s actions will be influenced, which could protect normal political donations while targeting “quid pro quo” arrangements.
Updates legal definitions and language. to be more inclusive (e.g., “he or she”), which could help ensure the law is interpreted and applied more fairly and accurately in modern contexts.
May affect both prosecutors and defendants. by changing the burden of proof regarding intent and by providing new legal defenses, possibly impacting the outcomes of corruption and campaign finance-related cases.
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Who cares
Headline styles
Clarify Bribery Law Language
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
37
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 making technical corrections to the descriptions of certain bribery offenses and defenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 200.00 of the penal law, as amended by chapter 833 of the laws of 1986, is amended to read as follows: § 200.00 Bribery in the third degree.
A person is guilty of bribery in the third degree when he or she confers, or offers or agrees to confer, any benefit upon a public servant [upon an agreement or understanding that] with the intent to influence such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant [will thereby be influenced].
Bribery in the third degree is a class D felony.
§ 2. Section 200.03 of the penal law, as amended by section 18 of subpart A of part H of chapter 55 of the laws of 2014, is amended to read as follows: § 200.03 Bribery in the second degree.
A person is guilty of bribery in the second degree when he or she confers, or offers or agrees to confer, any benefit valued in excess of five thousand dollars upon a public servant [upon an agreement or understanding that] with the intent to influence such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant [will thereby be influenced].
Bribery in the second degree is a class C felony.
§ 3. Section 200.04 of the penal law, as amended by section 19 of subpart A of part H of chapter 55 of the laws of 2014, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03277-01-9
S. 37 2
§ 200.04 Bribery in the first degree.
A person is guilty of bribery in the first degree when the person confers, or offers or agrees to confer: (1) any benefit upon a public servant [upon an agreement or understanding that] with the intent to influence such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant [will thereby be influenced] in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of this part or an attempt to commit any such class A felony; or (2) any benefit valued in excess of one hundred thousand dollars upon a public servant [upon an agreement or understanding that] with the intent to influence such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant [will thereby be influenced].
Bribery in the first degree is a class B felony.
§ 4. Section 200.05 of the penal law is amended to read as follows: § 200.05 Bribery; defense.
In any prosecution for bribery[,]: (1) it is a defense that the defendant conferred or agreed to confer the benefit involved upon the public servant involved as a result of conduct of the latter constituting larceny committed by means of extortion, or an attempt to commit the same, or coercion, or an attempt to commit coercion[.]; and (2) it is also a defense that the benefit that the defendant conferred, or offered or agreed to confer, upon the public servant was a legitimate campaign contribution, unless such contribution was made upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant would thereby be influenced.
§ 5. This act shall take effect on the first of November next succeeding the date on which 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 making technical corrections to the descriptions of certain bribery offenses and defenses
Purpose or general idea of bill
This legislation would amend the mens rea element of the public official bribery statute to require only an intent to influence.
Summary of specific provisions
Section 1 of the bill amends section 200.00 of the penal law (Bribery in the Third Degree) to add the intent to influence as an element to the crime.
Section 2 of the bill amends section 200.03 of the penal law (Bribery in the Second Degree) to add the intent to influence as an element to the crime.
Section 3 of the bill amends section 200.04 of the penal law (Bribery in the First Degree) to add the intent to influence as an element to the crime.
Section 4 of the bill amends section 200.05 of the penal law (Bribery; defense) to add as a defense to the crime of bribery that the benefit a defendant conferred, or offered or agreed to confer, upon the public servant was a legitimate campaign contribution.
Section 5 of the bill provides that the act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Justification
In 2013, the District Attorneys Association of the State of New York's White Collar Crime Task Force issued a report noting that "the statutes governing the bribery of public officials unnecessarily heighten the burden for prosecuting such conduct."
Current law requires a mutual agreement between the bribe-giver and the public official, or a unilateral belief by the bribe-giver that the bribe will in fact influence the public official. New York's other bribery laws, as with bribery laws in the vast majority of other states, only require that the bribe-giver "intends to influence" the bribe-re- ceiver.
This legislation would amend the mens rea element of the public-servant bribery statute to require only an intent to influence. It also creates a defense to ensure that legitimate campaign contributions are not criminalized.
Prior legislative history
S.0046 of 2017-2018 (Hoylman): Died in Codes S.4250 of 2015-2016 (Hoylman): Died in Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.