 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7012
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 19, 2021
                                       ___________
 
        Introduced by M. of A. LAWLER -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation to enacting "Lindsey's law"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Lindsey's law".
     3    §  2.  The penal law is amended by adding a new section 195.01 to read
     4  as follows:
     5  § 195.01 Official misconduct for retaliation.
     6    A public servant is guilty of official misconduct for retaliation when
     7  he or she, as retaliation against an employee, paid or unpaid intern  or
     8  non-employee for making a complaint or claim about any incident or inci-
     9  dents  of  sexual  harassment,  knowingly and purposefully discloses any
    10  confidential government records, including but not limited to  personnel
    11  files and confidential information or documents pertaining to such inci-
    12  dent or incidents of sexual harassment, to any other party who would not
    13  otherwise be entitled to such information, after such complaint or claim
    14  has been made.
    15    For purposes of this section: 1. "Sexual harassment" shall mean making
    16  unwelcome  or  unwanted  sexual  advances,  requesting  sexual favors in
    17  exchange for favorable treatment or continued  employment,  engaging  in
    18  verbal  or  physical  conduct of a sexual nature which is made a term or
    19  condition of employment, or which is used as the  basis  for  employment
    20  decisions.  "Sexual  harassment" shall also include any type of sexually
    21  oriented conduct that is unwelcome and has  the  purpose  or  effect  of
    22  unreasonably interfering with an employee's work performance or creating
    23  a  work environment that is intimidating, hostile, offensive or coercive
    24  to a reasonable person. "Sexual harassment"  shall  not  be  limited  to
    25  male-female interaction.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10478-01-1

        A. 7012                             2
 
     1    2.  "Public  servant" shall mean (i) any public officer or employee of
     2  the state or of any political subdivision thereof or of any governmental
     3  instrumentality within the state, or  (ii)  any  person  exercising  the
     4  functions  of any such public officer or employee. The term public serv-
     5  ant  shall include a person who has been elected or designated to become
     6  a public servant.
     7    Official misconduct for retaliation is a class A misdemeanor.
     8    § 3. This act shall take effect immediately.
Enacts "Lindsey's Law"

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