Assembly Bill A7880

2019-2020 Legislative Session

Relates to official misconduct for sexual harassment

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-A7880 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §195.01, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10465
2021-2022: A1222
2023-2024: A5072

2019-A7880 (ACTIVE) - Summary

Creates the crime of official misconduct for sexual harassment by a public servant; makes it a class A misdemeanor.

2019-A7880 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7880
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to  official  misconduct  for
   sexual harassment by a public servant
 
   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 195.01  to
 read as follows:
 § 195.01 OFFICIAL MISCONDUCT FOR SEXUAL HARASSMENT.
   A  PUBLIC  SERVANT IS GUILTY OF OFFICIAL MISCONDUCT FOR SEXUAL HARASS-
 MENT WHEN HE OR SHE COMMITS THE ACT OF SEXUAL HARASSMENT AS  DEFINED  IN
 THIS  SECTION.  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "SEXUAL HARASSMENT" SHALL MEAN MAKING UNWELCOME OR UNWANTED SEXUAL
 ADVANCES, REQUESTING SEXUAL FAVORS IN EXCHANGE FOR  FAVORABLE  TREATMENT
 OR  CONTINUED  EMPLOYMENT,  ENGAGING  IN VERBAL OR PHYSICAL CONDUCT OF A
 SEXUAL NATURE WHICH IS MADE A TERM OR CONDITION OF EMPLOYMENT, OR  WHICH
 IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS. "SEXUAL HARASSMENT" SHALL
 ALSO  INCLUDE  ANY TYPE OF SEXUAL ORIENTED CONDUCT THAT IS UNWELCOME AND
 HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING WITH AN EMPLOYEE'S
 WORK PERFORMANCE OR CREATING A WORK ENVIRONMENT  THAT  IS  INTIMIDATING,
 HOSTILE,  OFFENSIVE  OR COERCIVE TO A REASONABLE PERSON. "SEXUAL HARASS-
 MENT" SHALL NOT BE LIMITED TO MALE-FEMALE INTERACTION.
   (B) "PUBLIC SERVANT" SHALL BE DEFINED AS (I)  ANY  PUBLIC  OFFICER  OR
 EMPLOYEE  OF THE STATE OR OF ANY POLITICAL SUBDIVISION THEREOF OR OF ANY
 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, OR (II) ANY PERSON  EXER-
 CISING  THE  FUNCTIONS  OF ANY SUCH PUBLIC OFFICER OR EMPLOYEE. THE TERM
 PUBLIC SERVANT SHALL INCLUDE A PERSON WHO HAS BEEN ELECTED OR DESIGNATED
 TO BECOME A PUBLIC SERVANT.
   OFFICIAL MISCONDUCT FOR SEXUAL HARASSMENT IS A CLASS A MISDEMEANOR.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.