Assembly Bill A5105

2023-2024 Legislative Session

Relates to the crime of official misconduct for sexual harassment

download bill text pdf

Sponsored By

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-A5105 (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: A10464
2019-2020: A7879
2021-2022: A1190

2023-A5105 (ACTIVE) - Summary

Relates to the crime of official misconduct for sexual harassment for members of the New York state legislature; makes it a class A misdemeanor.

2023-A5105 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5105
 
                        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  the  crime  of  official
   misconduct for sexual harassment by a member of the state legislature
 
   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, WHILE  SERVING
 AS  A  MEMBER  OF  THE  NEW YORK STATE LEGISLATURE. FOR PURPOSES OF THIS
 SECTION, "SEXUAL HARASSMENT" SHALL BE DEFINED  AS  MAKING  UNWELCOME  OR
 UNWANTED  SEXUAL  ADVANCES,  REQUESTING  SEXUAL  FAVORS  IN EXCHANGE FOR
 FAVORABLE TREATMENT OR CONTINUED EMPLOYMENT, ENGAGING IN VERBAL OR PHYS-
 ICAL CONDUCT OF A SEXUAL NATURE WHICH IS MADE A  TERM  OR  CONDITION  OF
 EMPLOYMENT,  OR  USING THE REFUSAL OR ACCEPTANCE OF SUCH ADVANCES 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  HARASS-
 MENT" SHALL NOT BE LIMITED TO MALE-FEMALE INTERACTION.
   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.
                                                            LBD00398-01-3

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