Senate Bill S3746A

2019-2020 Legislative Session

Relates to official misconduct for sexual intimidation

download bill text pdf

Sponsored By

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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Bill Amendments

co-Sponsors

2019-S3746 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §195.01, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S7177

2019-S3746 - Summary

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

2019-S3746 - Sponsor Memo

2019-S3746 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3746
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, BENJAMIN -- 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 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.

co-Sponsors

2019-S3746A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §195.01, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S7177

2019-S3746A (ACTIVE) - Summary

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

2019-S3746A (ACTIVE) - Sponsor Memo

2019-S3746A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3746--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, BENJAMIN -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Codes -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend the penal law, in relation to official misconduct for
   sexual intimidation 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 INTIMIDATION.
   A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT  FOR  SEXUAL  INTIM-
 IDATION WHEN HE OR SHE COMMITS THE ACT OF SEXUAL INTIMIDATION AS DEFINED
 IN THIS SECTION. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "SEXUAL  INTIMIDATION"  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  EMPLOY-
 MENT,  OR  WHICH  IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS. "SEXUAL
 INTIMIDATION" SHALL ALSO INCLUDE ANY TYPE  OF  SEXUAL  ORIENTED  CONDUCT
 THAT  IS  UNWELCOME AND HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTER-
 FERING WITH AN EMPLOYEE'S WORK PERFORMANCE OR CREATING A  WORK  ENVIRON-
 MENT  THAT  IS INTIMIDATING, HOSTILE, OFFENSIVE OR COERCIVE TO A REASON-
 ABLE PERSON. "SEXUAL INTIMIDATION" 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04157-02-9

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