 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4658
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 21, 2023
                                       ___________
 
        Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
          tee 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.
                                                                   LBD08124-01-3
        A. 4658                             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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