NY State Senate Bill 2025-S1931

Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2025	referred to codes

co-Sponsors

2025-S1931 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §195.01, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S3429

2025-S1931 (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.

2025-S1931 (ACTIVE) - Sponsor Memo

2025-S1931 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1931
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by  Sens.  WEBER, BORRELLO, MURRAY -- read twice and ordered
   printed, and when printed to be committed 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
 SUCH  PUBLIC SERVANT, AS RETALIATION AGAINST AN EMPLOYEE, PAID OR UNPAID
 INTERN OR NON-EMPLOYEE FOR MAKING A COMPLAINT OR CLAIM ABOUT  ANY  INCI-
 DENT  OR  INCIDENTS  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  INCIDENT 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.
                                                            LBD03327-01-5
 S. 1931                             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.

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Senate Bill S1931

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