NY State Senate Bill 2017-S4033

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2018	print number 4033a
Feb 06, 2018	amend (t) and recommit to codes
Jan 03, 2018	referred to codes
Feb 02, 2017	referred to codes

Bill Amendments

Original

A (Active)

2017-S4033 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §195.00, add §§195.03 & 195.04, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S107
2021-2022: S395

2017-S4033 - Summary

Establishes crimes of official misconduct for obtaining a benefit in the second degree, and first degree, for public officials.

2017-S4033 - Sponsor Memo

                                 BILL NUMBER:  S4033

 TITLE OF BILL :  An act to amend the penal law, in relation to
official misconduct

 PURPOSE OR GENERAL IDEA OF BILL :

This bill enhances the penalties for the crime of Official Misconduct.

 SUMMARY OF PROVISIONS :

This bill enhances the penalties for the existing crime of official
misconduct contained in Penal Law section 195. An existing violation
would go from an A misdemeanor to an E felony. In addition, the bill
establishes D and C felonies depending on the value of benefit
received.

 JUSTIFICATION :

This bill will serve to act as a strong deterrent to any elected
official who is tempted to betray the public trust for monetary or
other personal gain. New York citizens have been victimized over and
over again by the very people they elected to represent them in
government. The sheer number of convictions during the past decade in
New York serves as evidence that our current laws are failing to
prevent corruption and abuse of office. The deterrence goal of this

legislation is set forth by creating and enhancing the penalties for
the crime of official misconduct.

The second goal of this legislation is to ensure that, when a public
official puts themselves above the taxpayers of this state, they will
face much more stringent consequences than they have in the past, in
part by ensuring that punishments for more serious acts of official
misconduct fit the crime. This bill also better equips those charged
with prosecuting these crimes with the tools they need to do their job
in a manner that leaves no doubt that these acts are unethical,
dishonest, illegal and will be punished accordingly in our criminal
statutes.

Recent convictions have revealed that perpetrators of these crimes
have arrived at a state of mind where they have justified their bad
acts to themselves through years of escalating behaviors that go
unchecked. The provisions in this legislation establish that not every
act of Official Misconduct is identical, and ensure that these crimes
are punished at a level commensurate with their impact on the
community.

 PRIOR LEGISLATIVE HISTORY :

2017: New bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4033 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4033
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 official misconduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 195.00 of the penal law, as amended by chapter 906
 of the laws of 1990, is amended to read as follows:
 § 195.00 Official misconduct IN THE THIRD DEGREE.
   A public servant is guilty of official misconduct IN THE THIRD  DEGREE
 when,  with  intent  to  obtain a benefit or deprive another person of a
 benefit:
   1. He OR SHE commits an act relating to his OR HER office but  consti-
 tuting  an unauthorized exercise of his OR HER official functions, know-
 ing 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.
   Official misconduct IN THE THIRD DEGREE is a class [A  misdemeanor]  E
 FELONY.
   §  2.  The  penal law is amended by adding two new sections 195.03 and
 195.04 to read as follows:
 § 195.03 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
   A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
 WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
 DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
 BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
   OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 195.04 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
   A  PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
 WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09091-01-7

 S. 4033                             2
 
 DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
 BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
   OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 3. This act shall take effect immediately.

2017-S4033A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §195.00, add §§195.03 & 195.04, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S107
2021-2022: S395

2017-S4033A (ACTIVE) - Summary

Establishes crimes of official misconduct for obtaining a benefit in the second degree, and first degree, for public officials.

2017-S4033A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4033A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing crimes relating to official misconduct for obtaining a benefit

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill enhances the penalties for the crime of Official Misconduct.

 
SUMMARY OF PROVISIONS:

This bill enhances the penalties for the existing crime of official
misconduct contained in Penal Law section 195. An existing violation
would go from an A misdemeanor to an E felony. In addition, the bill
establishes D and C felonies depending on the value of benefit received.

 
JUSTIFICATION:

This bill will serve to act as a strong deterrent to any elected offi-

cial who is tempted to betray the public trust for monetary or other
personal gain. New York citizens have been victimized over and over
again by the very people they elected to represent them in government.
The sheer number of convictions during the past decade in New York
serves as evidence that our current laws are failing to prevent
corruption and abuse of office. The deterrence goal of this legislation
is set forth by creating and enhancing the penalties for the crime of
official misconduct.

The second goal of this legislation is to ensure that, when a public
official puts themselves above the taxpayers of this state, they will
face much more stringent consequences than they have in the past, in
part by ensuring that punishments for more serious acts of official
misconduct fit the crime. This bill also better equips those charged
with prosecuting these crimes with the tools they need to do their job
in a manner that leaves no doubt that these acts are unethical, dishon-
est, illegal and will be punished accordingly in our criminal statutes.

Recent convictions have revealed that perpetrators of these crimes have
arrived at a state of mind where they have justified their bad acts to
themselves through years of escalating behaviors that go unchecked. The
provisions in this legislation establish that not every act of Official
Misconduct is identical, and ensure that these crimes are punished at a
level commensurate with their impact on the community.

 
PRIOR LEGISLATIVE HISTORY:

2017: New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take on the sixtieth day after it becomes law.

2017-S4033A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4033--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the penal law, in relation to establishing crimes relat-
   ing to official misconduct for obtaining a benefit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 195.00 of the penal law, as
 amended by chapter 906 of the laws of  1990,  are  amended  to  read  as
 follows:
   1.  He OR SHE commits an act relating to his OR HER office but consti-
 tuting an unauthorized exercise of his OR HER official functions,  know-
 ing 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.
   §  2.  The  penal law is amended by adding two new sections 195.03 and
 195.04 to read as follows:
 § 195.03 OFFICIAL MISCONDUCT FOR  OBTAINING  A  BENEFIT  IN  THE  SECOND
            DEGREE.
   A  PUBLIC  SERVANT  IS  GUILTY  OF OFFICIAL MISCONDUCT FOR OBTAINING A
 BENEFIT IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME  OF  OFFI-
 CIAL  MISCONDUCT AND HE OR SHE THEREBY INTENTIONALLY OBTAINS ANY BENEFIT
 FOR HIMSELF OR HERSELF OR FOR ANOTHER PERSON OR  INTENTIONALLY  DEPRIVES
 ANOTHER  PERSON  OF  A BENEFIT, AND THE VALUE OF THE BENEFIT EXCEEDS ONE
 THOUSAND DOLLARS.
   OFFICIAL MISCONDUCT FOR OBTAINING A BENEFIT IN THE SECOND DEGREE IS  A
 CLASS E FELONY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09091-02-8

 S. 4033--A                          2
 
 § 195.04 OFFICIAL  MISCONDUCT  FOR  OBTAINING  A  BENEFIT  IN  THE FIRST
            DEGREE.
   A  PUBLIC  SERVANT  IS  GUILTY  OF OFFICIAL MISCONDUCT FOR OBTAINING A
 BENEFIT IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL
 MISCONDUCT FOR OBTAINING A BENEFIT IN THE SECOND DEGREE, AND  THE  VALUE
 OF THE BENEFIT EXCEEDS THREE THOUSAND DOLLARS.
   OFFICIAL  MISCONDUCT  FOR OBTAINING A BENEFIT IN THE FIRST DEGREE IS A
 CLASS D FELONY.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S4033

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2017-S4033 - Details

2017-S4033 - Summary

2017-S4033 - Sponsor Memo

2017-S4033 - Bill Text download pdf

2017-S4033A (ACTIVE) - Details

2017-S4033A (ACTIVE) - Summary

2017-S4033A (ACTIVE) - Sponsor Memo

2017-S4033A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4033

Share this bill

Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2017-S4033 - Details

2017-S4033 - Summary

2017-S4033 - Sponsor Memo

2017-S4033 - Bill Text download pdf

2017-S4033A (ACTIVE) - Details

2017-S4033A (ACTIVE) - Summary

2017-S4033A (ACTIVE) - Sponsor Memo

2017-S4033A (ACTIVE) - Bill Text download pdf

Comments