Assembly Bill A2106

2009-2010 Legislative Session

Creates the crime of official misconduct during an emergency or disaster

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2106 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง195.03, Pen L

2009-A2106 (ACTIVE) - Summary

Creates the crime of official misconduct during an emergency or natural or manmade disaster; E felony.

2009-A2106 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2106

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. BENJAMIN, GREENE, ALFANO, WALKER -- Multi-Spon-
  sored by -- M. of A.  BARRA, CLARK, HOOPER, MILLER --  read  once  and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to official misconduct during
  an emergency or natural or man-made disaster

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 195.03  to
read as follows:
S  195.03 OFFICIAL MISCONDUCT DURING AN EMERGENCY OR NATURAL OR MAN-MADE
           DISASTER.
  A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT DURING AN  EMERGENCY
OR NATURAL OR MAN-MADE DISASTER WHEN, WITHOUT CAUSE OR REASONABLE EXPLA-
NATION:
  1.  HE  OR SHE COMMITS AN ACT RELATING TO HIS OR HER OFFICE OR DUTY AS
AN EMERGENCY FIRST RESPONDER, CONSTITUTING AN UNAUTHORIZED  EXERCISE  OF
HIS OR HER OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT IS UNAUTHORIZED; OR
  2.  HE  OR  SHE  KNOWINGLY  REFRAINS  FROM  PERFORMING A DUTY WHICH IS
IMPOSED UPON HIM OR HER BY LAW OR IS CLEARLY INHERENT IN THE  NATURE  OF
HIS OR HER OFFICE OR POSITION, AS AN EMERGENCY FIRST RESPONDER; OR
  3.  HE  OR SHE KNOWINGLY FAILS TO REPORT TO WORK AS AN EMERGENCY FIRST
RESPONDER OR TO HIS OR HER OFFICIAL POSITION.
  OFFICIAL MISCONDUCT DURING AN EMERGENCY OR NATURAL OR MAN-MADE  DISAS-
TER IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05354-01-9

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