S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4658
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee 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.
                                                            LBD08124-01-3
 A. 4658                             2
              

 
   2. "PUBLIC SERVANT" SHALL MEAN (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 EXERCISING THE
 FUNCTIONS OF ANY SUCH PUBLIC OFFICER OR EMPLOYEE. THE TERM PUBLIC  SERV-
 ANT  SHALL INCLUDE A PERSON WHO HAS BEEN ELECTED OR DESIGNATED TO BECOME
 A PUBLIC SERVANT.
   OFFICIAL MISCONDUCT FOR RETALIATION IS A CLASS A MISDEMEANOR.
   § 3. This act shall take effect immediately.