 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1931
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2025
                                       ___________
 
        Introduced  by  Sens.  WEBER, BORRELLO, MURRAY -- 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 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  such  public servant, as retaliation against an employee, paid or unpaid
     8  intern or non-employee for making a complaint or claim about  any  inci-
     9  dent  or  incidents  of  sexual  harassment,  knowingly and purposefully
    10  discloses any confidential government records, including but not limited
    11  to personnel files and confidential information or documents  pertaining
    12  to  such  incident or incidents of sexual harassment, to any other party
    13  who would not otherwise be entitled  to  such  information,  after  such
    14  complaint or claim 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.
                                                                   LBD03327-01-5
        S. 1931                             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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