S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3690
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. LAVINE, STECK, SIMON, WALLACE, GOTTFRIED, GALEF,
   MONTESANO -- Multi-Sponsored by -- M. of A.  HAWLEY,  THIELE  --  read
   once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to undisclosed self-dealing
 
   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 two new sections  195.30
 and 195.35 to read as follows:
 § 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY OF UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE
 WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
 OR A COURSE OF CONDUCT IN HIS OR HER  OFFICIAL  CAPACITY  IN  CONNECTION
 WITH  THE  AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
 OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS  THAT  IS  INTENDED  TO
 CONFER  AN  UNDISCLOSED  BENEFIT ON HIMSELF, HERSELF, A SPOUSE, DOMESTIC
 PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON  WITH
 WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
 A  FIRM  IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
 AND THEREBY OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  BENEFIT  FOR  HIMSELF,
 HERSELF,  A  SPOUSE,  DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
 PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS  A  BUSINESS  OR
 OTHER  FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
 A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF THREE THOUSAND
 DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR  TO
 THE  ALLEGED  WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL
 ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC  SERV-
 ANT'S  APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A
 PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
   UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05290-01-1
              

 A. 3690                             2
 
   A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING  IN  THE  FIRST  DEGREE
 WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
 OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
 WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
 OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
 CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF,  A  SPOUSE,  DOMESTIC
 PARTNER,  CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON WITH
 WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
 A FIRM IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR  POTENTIAL  INTEREST
 AND  THEREBY  OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  BENEFIT FOR HIMSELF,
 HERSELF, A SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR  SIBLING  OF  THE
 PUBLIC  SERVANT,  A  PERSON WITH WHOM A PUBLIC SERVANT HAS A BUSINESS OR
 OTHER FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT  HAS
 A  PRESENT  OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF TEN THOUSAND
 DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR  TO
 THE  ALLEGED  WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL
 ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC  SERV-
 ANT'S  APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A
 PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
   UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 2. This act shall take effect immediately.