Assembly Bill A7012

2021-2022 Legislative Session

Enacts "Lindsey's Law"

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

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2021-A7012 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §195.01, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A4658

2021-A7012 (ACTIVE) - Summary

Enacts "Lindsey's law" criminalizing the disclosure of confidential government records by a public employer as retaliation for a victim making a sexual harassment complaint or claim.

2021-A7012 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7012
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to enacting "Lindsey's law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Lindsey's law".
   §  2.  The penal law is amended by adding a new section 195.01 to read
 as follows:
 § 195.01 OFFICIAL MISCONDUCT FOR RETALIATION.
   A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT FOR RETALIATION WHEN
 HE OR SHE, AS RETALIATION AGAINST AN EMPLOYEE, PAID OR UNPAID INTERN  OR
 NON-EMPLOYEE FOR MAKING A COMPLAINT OR CLAIM ABOUT ANY INCIDENT OR INCI-
 DENTS  OF  SEXUAL  HARASSMENT,  KNOWINGLY AND PURPOSEFULLY DISCLOSES ANY
 CONFIDENTIAL GOVERNMENT RECORDS, INCLUDING BUT NOT LIMITED TO  PERSONNEL
 FILES AND CONFIDENTIAL INFORMATION OR DOCUMENTS PERTAINING TO SUCH INCI-
 DENT OR INCIDENTS OF SEXUAL HARASSMENT, TO ANY OTHER PARTY WHO WOULD NOT
 OTHERWISE BE ENTITLED TO SUCH INFORMATION, AFTER SUCH COMPLAINT OR CLAIM
 HAS BEEN MADE.
   FOR PURPOSES OF THIS SECTION: 1. "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 SEXUALLY
 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 HARASSMENT"  SHALL  NOT  BE  LIMITED  TO
 MALE-FEMALE INTERACTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10478-01-1

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