S38: Suspend Pay for Indicted Officials (NY Senate, 2025-26)

What's happening

The bill suspends the salary of state officers indicted for crimes involving public trust, requiring repayment if convicted or back pay if acquitted.

Why it matters

Creates immediate financial consequences for indicted officials. By suspending the salary of state officers indicted for crimes like bribery or corruption, the bill aims to deter misconduct and reinforce accountability before a legal verdict is reached.
Imposes financial restitution if convicted. If the official is found guilty, they must repay all salary earned from the time the criminal conduct began, preventing convicted individuals from profiting from their position during periods of alleged misconduct.
Protects due process and innocent officers. If an indicted official is acquitted, all withheld salary is returned, minimizing the risk of lasting financial harm to those ultimately found not guilty.
Clarifies and expands scope of ‘public trust’ crimes. By specifically listing various forms of bribery, corruption, and official misconduct, the law establishes clear triggers for salary suspension, potentially increasing the number of offenses that could result in this consequence.

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Suspend Pay for Indicted Officials

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

History

Jan 7, 2026 · SenateReferred to ethics and internal governance
Jan 8, 2025 · SenateReferred to ethics and internal governance

Full text

2 pagesUnderlined is new~~[Struck]~~ is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sen. WALCZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Ethics and Internal Governance

AN ACT to amend the public officers law, in relation to crimes against public trust by state officers

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "the halt crimes against public trust act".

§ 2. The public officers law is amended by adding a new section 79-a to read as follows:

§ 79-a. Crimes against public trust by state officers. 1. (a) Any state officer indicted for a crime involving public trust shall have their salary for such official position suspended pending such indictment.

(b) Where the indictment results in a conviction of a crime against public trust, all monies earned by such state officer for such official position beginning with the pay period immediately proceeding the date upon which the first convicted offense occurred shall be paid back to the state by such state officer.

(c) Where the indictment does not result in a conviction of a crime against public trust, such suspension shall cease and such state officer shall be paid back all monies not paid to such state officer during such suspension.

2. For purposes of this section the term "crime involving public trust" shall include bribery in the first degree as defined in section 200.04 of the penal law, bribery in the second degree as defined in section 200.03 of the penal law, bribery in the third degree as defined in section 200.00 of the penal law, bribe receiving in the first degree as defined in section 200.12 of the penal law, bribe receiving in the

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00087-01-5

second degree as defined in section 200.11 of the penal law, bribe receiving in the third degree as defined in section 200.10 of the penal law, corrupting the government in the first degree as defined in section 496.05 of the penal law, corrupting the government in the second degree as defined in section 496.04 of the penal law, corrupting the government in the third degree as defined in section 496.03 of the penal law, corrupting the government in the fourth degree as defined in section 496.02 of the penal law, rewarding official misconduct in the first degree as defined in section 200.22 of the penal law, rewarding official misconduct in the second degree as defined in section 200.20 of the penal law, receiving reward for official misconduct in the first degree as defined in section 200.27 of the penal law, and receiving reward for official misconduct in the second degree as defined in section 200.25 of the penal law.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public officers law, in relation to crimes against public trust by state officers

Purpose or general idea of bill

Crimes against public trust by state officers.

Summary of provisions

Section 1: Names the act "the halt crimes against public trust act"

Section 2: Amends public officer's law and adds section 79-a:

a.79-a. Crimes against public trust by state officers. Any state officer indicted for a crime involving public trust shall have their salary for such official position suspended pending such an indictment.

b. Where the indictment results in a conviction of a crime against public trust, all monies earned by such state officer for such official position beginning with the pay period immediately preceding the date upon which the first convicted offense occurred shall be paid back to the state by such state officer.

c. Where the indictment does not result in a conviction of a crime. Against public trust, such suspension shall cease and such state officer shall be paid back all monies not paid to such state officer during suspension.

(2) Expands definition of "crime involving public trust"

Section 3: Effective date.

Justification

When a legislator raises their right hand, and swears an oath in accord- ance with the constitution of the great State of New York to faithfully discharge the duties of the office they have been elected to hold by the people, they have made a promise to the people of this state which requires them to be held to the highest of standards. When an elected official fails in their duties that they have sworn to execute faithful- ly, they must be held also to that same high standard. In keeping with the motto of our state, "Excelsior" we too must strive to hold ourselves to this.

New York State has unfortunately lead the country in corruption and with each new headline describing the violations of public trust, the people of New York suffer dignity, pride, and faith in their governmental system. It's time to stop leading in corruption and start leading the way in holding our public officials accountable. This bill will be a great step towards keeping this promise to our citizens.

When an elected official violates the trust of their constituents it reflects poorly upon all public offices and paints a portrait of

corruption at all levels of government. By enacting this legislation we can not only show the people of this state that we are committed to ending public corruption, but that we also stand by our pledge of being responsible stewards of their tax dollars. This bill will recoup any salary paid to a public official whom has failed in their sworn oath to the people. It does so by symbolically and literally requiring the offender pay back all salary received during that term of office for which they swore an oath. By enacting this legislation, we are sending a message to would be unscrupulous officials that this type of behavior will not be tolerated, and they will not be rewarded for it with a paycheck funded by the people of this state.

Prior legislative history

A6320/S7746 (2019): Referred to Ethics and Internal Governance

A4437/s2040 (2021)

Referred to Ethics and Internal Governance

A6918/s2670 (2023)