Assembly Bill A5072

2023-2024 Legislative Session

Relates to official misconduct for sexual harassment

download bill text pdf

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Current 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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2023-A5072 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §195.01, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10465
2019-2020: A7880
2021-2022: A1222

2023-A5072 (ACTIVE) - Summary

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

2023-A5072 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5072
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred 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.
                                                            LBD00401-01-3

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