BILL NUMBER: S3745A

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the penal law, in relation to the
crime of official misconduct for sexual intimidation by a member of the
state legislature

 
PURPOSE OR GENERAL IDEA OF BILL:

Amends the penal law to add a new section 195.01 to include sexual
intimidation by a member of the New York State Legislature to be a crime
of official misconduct, punishable as a class A misdemeanor.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Penal Code to classify sexual intimidation by a
member of the State Legislature as an act of Official Misconduct, which
is a class A misdemeanor.

"Sexual intimidation" is defined as 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 using
the refusal or acceptance of such advances as the basis for employment
decisions.

The definition also includes any type of sexually oriented conduct that
is unwelcome and has the purpose or effect of unreasonably interfering
with any employee's work performance or creating a work environment that
is intimidating, hostile, offensive or coercive to a reasonable person.

Sexual intimidation is not limited to male-female interactions.

Section 2 is the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Non-applicable

 
JUSTIFICATION:

Accusations of sexual intimidation and misconduct have finally taken a
prominent place in the national dialogue, with new allegations emerging
almost daily. Unfortunately, it has been proven that no industry, public
or private, is immune, including legislative offices.

New Yorkers place the utmost confidence in the people they cast their
ballots for, and expect them to conduct themselves with dignity and
respect. Elected officials should be held to the highest standards, and
in the event they use their positions of power to exploit and victimize
their subordinates, they should be punished. This behavior is a signif-
icant betrayal of the public trust, and those who engage in these
actions must be held accountable.

The New York State Legislature has the opportunity to be an example for
other entities and organizations by implementing a zero tolerance policy
for sexual intimidation and assault, no matter the title or office of
the offender.

 
PRIOR LEGISLATIVE HISTORY:
2017-18: S.7176 Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.