NY State Senate Bill 2025-S2434

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
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2025	referred to codes

2025-S2434 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§200.03, 200.04, 200.00, 80.00 & 195.00, add §§195.03 & 195.04, Art 196 §196.00, Pen L; amd §200.50, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7545
2017-2018: S261
2019-2020: S100
2021-2022: S435
2023-2024: S2131

2025-S2434 (ACTIVE) - Summary

Relates to the crimes of bribery and abuse of public trust.

2025-S2434 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2434

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to bribery and abuse of public trust

 
PURPOSE:

To strengthen the penalties for public officials who participate in acts
of bribery, attempted bribery and other crimes that are committed
through their position as a public official.

 
SUMMARY OF PROVISIONS:

Sections 200.00 200.03, 200.04 of the penal law are amended to add
"intent to influence" language and to lower the threshold amount of
bribes, thereby increasing penalties.

Sections 1, 2 and 3 of the bill re-order the incremental level of felony
charges imposed, as they relate to the threshold amount of the accepted

bribe, as follows: * 1st degree bribery is lowered from $100,000 or more
to $3,000 or more * 2nd degree bribery is lowered from $5,000 or more to
$1,000 or more * 3rd degree bribery currently refers to "any benefit"
and is not changed in the bill.

Section 4 adds penalties for the new crime of abuse of public trust.

Section 5 adds official misconduct in the third degree as a class E
felony.

Section 6 amends the penal law by adding section 195.03, official
misconduct in the second degree (Class D felony) when the crime of offi-
cial misconduct in the third degree is committed and the perpetrator
obtains a benefit (or deprives another of a benefit) valued in excess of
$1,000.

Section 7 adds an abuse of public trust crime that shifts class C, D or
E felonies committed in this section one category higher than the speci-
fied offense committed.

 
JUSTIFICATION:

This bill will serve to first act as a strong deterrent to any elected
official who is tempted to betray the public trust for monetary or other
personal gain. New York citizens have been victimized over and over
again by the very people they elected to represent and advocate for them
in government. The sheer number of convictions during the past decade in
New York is clear evidence that our current laws are a dismal failure in
preventing numerous acts of corruption and abuse of office. The deter-
rence goal of this legislation is set forth by creating and enhancing a
straightforward set of laws that intertwine and clearly amount to high
stakes for anyone contemplating these criminal acts.

The second goal of this legislation is to ensure that, when a public
official puts themselves above the taxpayers of this state, they will
face much more stringent consequences than they have in the past.  This
bill also better equips those charged with prosecuting these crimes with
the tools they need to do their job in a matter that leaves no doubt
that these acts are unethical, dishonest, illegal and will be punished
accordingly in our criminal statutes.

Recent convictions have revealed that perpetrators of these crimes have
arrived at a state of mind where they have justified their bad acts to
themselves through years of escalating behaviors that go unchecked. The
provisions in this legislation provide a more identifiable line between
ethical and unethical, and legal and illegal. And, when that clearly
defined line is crossed, prosecutors will be better able to prove these
violations, and halt the acts as early as possible.

 
LEGISLATIVE HISTORY:

2023-24: 52131 (Krueger) Referred to Codes

2021-2022: S435 (Kaminsky) Referred to Codes 2019-2020: S100 (Kaminsky)
Referred to Codes

2017-2018: S261 (Kaminsky) Referred to Codes

2016: S7545 (Kaminsky) Referred to Codes

 
FISCAL IMPLICATIONS:

Expected cost savings to the state. Public corruption, bribery and abuse
of public trust are weighty cost burdens to our taxpayers. Any crimes
prevented through this section will provide immediate savings to the
citizens of New York.

 
EFFECTIVE DATE:
Immediate.

2025-S2434 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2434
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2025
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to bribery and abuse of public trust
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 200.03 of the penal law, as amended by  section  18
 of  subpart A of part H of chapter 55 of the laws of 2014, is amended to
 read as follows:
 § 200.03 Bribery in the second degree.
   A person is guilty of bribery in the  second  degree  when  [he]  SUCH
 PERSON  confers,  or  offers  or agrees to confer, any benefit valued in
 excess of [five] ONE thousand dollars upon a  public  servant  [upon  an
 agreement or understanding] WITH AN INTENT TO INFLUENCE that such public
 servant's  vote,  opinion,  judgment,  action,  decision  or exercise of
 discretion as a public servant will thereby be influenced.
   Bribery in the second degree is a class C felony.
   § 2. Section 200.04 of the penal law, as  amended  by  section  19  of
 subpart  A  of  part  H of chapter 55 of the laws of 2014, is amended to
 read as follows:
 § 200.04 Bribery in the first degree.
   A person is guilty of bribery in the  first  degree  when  [the]  SUCH
 person  confers,  or  offers or agrees to confer: (1) any benefit upon a
 public servant [upon an agreement or understanding] WITH  AN  INTENT  TO
 INFLUENCE  that  such  public servant's vote, opinion, judgment, action,
 decision or exercise of discretion as a public servant will  thereby  be
 influenced  in  the  investigation,  arrest,  detention,  prosecution or
 incarceration of any person for the commission or alleged commission  of
 a  class  A felony defined in article two hundred twenty of this part or
 an attempt to commit any such class A felony; or (2) any benefit  valued
 in  excess of [one hundred] THREE thousand dollars upon a public servant
 [upon an agreement or understanding] WITH AN INTENT  TO  INFLUENCE  that
 such public servant's vote, opinion, judgment, action, decision or exer-
 cise of discretion as a public servant will thereby be influenced.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05642-01-5
 S. 2434                             2
 
   Bribery in the first degree is a class B felony.
   § 3. Section 200.00 of the penal law, as amended by chapter 833 of the
 laws of 1986, is amended to read as follows:
 § 200.00 Bribery in the third degree.
   A  person  is  guilty  of  bribery  in the third degree when [he] SUCH
 PERSON confers, or offers or agrees to confer, any benefit upon a public
 servant [upon an agreement or understanding] WITH AN INTENT TO INFLUENCE
 that such public servant's vote, opinion, judgment, action, decision  or
 exercise of discretion as a public servant will thereby be influenced.
   Bribery in the third degree is a class D felony.
   §  4.  Subdivision  1 of section 80.00 of the penal law, as amended by
 section 27 of subpart A of part H of chapter 55 of the laws of 2014,  is
 amended to read as follows:
   1. A sentence to pay a fine for a felony shall be a sentence to pay an
 amount, fixed by the court, not exceeding the higher of
   a. five thousand dollars; or
   b.  double  the  amount of the defendant's gain from the commission of
 the crime or, if the defendant is convicted of a crime defined in  arti-
 cle  four  hundred  ninety-six  of  this  chapter, any higher amount not
 exceeding three times the  amount  of  the  defendant's  gain  from  the
 commission of such offense; or
   c.  if the conviction is for any felony defined in article two hundred
 twenty [or two hundred twenty-one] of this  chapter,  according  to  the
 following schedule:
   (i) for A-I felonies, one hundred thousand dollars;
   (ii) for A-II felonies, fifty thousand dollars;
   (iii) for B felonies, thirty thousand dollars;
   (iv) for C felonies, fifteen thousand dollars.
 When  imposing  a fine pursuant to the provisions of this paragraph, the
 court shall consider the profit gained by defendant's  conduct,  whether
 the  amount  of  the  fine  is  disproportionate to the conduct in which
 defendant engaged, its impact on any victims, and  defendant's  economic
 circumstances,  including  the defendant's ability to pay, the effect of
 the fine upon [his or her] THE DEFENDANT'S immediate family or any other
 persons to whom the defendant owes an obligation of support; OR
   D. FOR AN ABUSE OF PUBLIC TRUST CRIME, AS DEFINED IN SECTION 196.00 OF
 THIS CHAPTER, OR ANY OFFENSE FOR WHICH THE OFFENDER'S STATUS AS A PUBLIC
 SERVANT CONSTITUTES AN ELEMENT OF THE OFFENSE AS ENUMERATED IN PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION 196.00 OF THIS CHAPTER, THE COURT,  IN
 ADDITION  TO  ANY  OTHER  PENALTY  WHICH MAY BE IMPOSED PURSUANT TO LAW,
 SHALL IMPOSE A FINE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A  OR
 B OF THIS SUBDIVISION, WHICHEVER IS GREATER.
   § 5. Section 195.00 of the penal law, as amended by chapter 906 of the
 laws of 1990, is amended to read as follows:
 § 195.00 Official misconduct IN THE THIRD DEGREE.
   A  public servant is guilty of official misconduct IN THE THIRD DEGREE
 when, with intent to obtain a benefit or deprive  another  person  of  a
 benefit:
   1.  [He]  THE  PUBLIC  SERVANT  commits  an act relating to [his] SUCH
 PUBLIC SERVANT'S office but constituting  an  unauthorized  exercise  of
 [his]  THE  official  functions  OF THE OFFICE, knowing that such act is
 unauthorized; or
   2. [He] THE PUBLIC SERVANT knowingly refrains from performing  a  duty
 which  is  imposed  upon  [him]  THE PUBLIC SERVANT by law or is clearly
 inherent in the nature of [his] THE office.
 S. 2434                             3
 
   Official misconduct IN THE THIRD DEGREE is a class [A  misdemeanor]  E
 FELONY.
   §  6.  The  penal law is amended by adding two new sections 195.03 and
 195.04 to read as follows:
 § 195.03 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
   A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
 WHEN THE PUBLIC SERVANT COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN  THE
 THIRD  DEGREE  AND  THE  PUBLIC  SERVANT OBTAINS ANY BENEFIT OR DEPRIVES
 ANOTHER PERSON OF A BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
   OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 195.04 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
   A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST  DEGREE
 WHEN  THE PUBLIC SERVANT COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE
 THIRD DEGREE AND THE PUBLIC SERVANT  OBTAINS  ANY  BENEFIT  OR  DEPRIVES
 ANOTHER PERSON OF A BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
   OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
   §  7.  The penal law is amended by adding a new article 196 to read as
 follows:
                                ARTICLE 196
                           ABUSE OF PUBLIC TRUST
 SECTION 196.00 ABUSE OF PUBLIC TRUST CRIME.
 § 196.00 ABUSE OF PUBLIC TRUST CRIME.
   1. (A) A PERSON COMMITS AN ABUSE  OF  PUBLIC  TRUST  CRIME  WHEN  SUCH
 PERSON COMMITS A FELONY OFFENSE AND EITHER:
   (I) INTENTIONALLY USES SUCH PERSON'S POSITION AS A PUBLIC SERVANT IN A
 MANNER  THAT  SIGNIFICANTLY FACILITATES THE COMMISSION OR CONCEALMENT OF
 THE OFFENSE; OR
   (II) ATTEMPTS, CONSPIRES OR SOLICITS ANOTHER TO COMMIT ANY FELONY, AND
 IN SUCH ATTEMPT, CONSPIRACY  OR  SOLICITATION  INTENTIONALLY  USES  SUCH
 PERSON'S  POSITION  AS  A PUBLIC SERVANT TO SIGNIFICANTLY FACILITATE THE
 COMMISSION OR CONCEALMENT OF THE OFFENSE.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS  SUBDIVISION,  AN  ABUSE  OF
 PUBLIC  TRUST  CRIME  SHALL  NOT  INCLUDE  ANY  OFFENSE  FOR  WHICH  THE
 OFFENDER'S STATUS AS A PUBLIC SERVANT  CONSTITUTES  AN  ELEMENT  OF  THE
 OFFENSE, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING PROVISIONS OF THIS
 CHAPTER:  PARAGRAPH  (G)  OF  SUBDIVISION THREE OF SECTION 135.35 (LABOR
 TRAFFICKING); SUBDIVISION EIGHT OF SECTION 135.60 (COERCION IN THE THIRD
 DEGREE); SECTION 135.61 (COERCION IN THE SECOND DEGREE);  PARAGRAPH  (C)
 OF  SUBDIVISION  TWO  OF  SECTION 135.65 (COERCION IN THE FIRST DEGREE);
 PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION 155.40 (GRAND LARCENY IN THE
 SECOND DEGREE); SECTION 175.40 (ISSUING A  FALSE  CERTIFICATE);  SECTION
 195.00  (OFFICIAL  MISCONDUCT);  SECTION  200.10 (BRIBE RECEIVING IN THE
 THIRD DEGREE); SECTION 200.11 (BRIBE RECEIVING IN  THE  SECOND  DEGREE);
 SECTION  200.12  (BRIBE  RECEIVING  IN THE FIRST DEGREE); SECTION 200.25
 (RECEIVING REWARD FOR OFFICIAL MISCONDUCT IN THE SECOND DEGREE); SECTION
 200.27 (RECEIVING REWARD FOR OFFICIAL MISCONDUCT IN THE  FIRST  DEGREE);
 SECTION  200.35  (RECEIVING  UNLAWFUL GRATUITIES); SECTION 200.50 (BRIBE
 RECEIVING FOR PUBLIC OFFICE);  PARAGRAPH  (G)  OF  SUBDIVISION  FIVE  OF
 SECTION 230.34 (SEX TRAFFICKING); OR ANY ATTEMPT OR CONSPIRACY TO COMMIT
 ANY OF THE FOREGOING OFFENSES.
   2. WHEN A PERSON IS CONVICTED OF AN ABUSE OF PUBLIC TRUST CRIME PURSU-
 ANT  TO  SUBDIVISION  ONE OF THIS SECTION AND THE SPECIFIED OFFENSE IS A
 CLASS C, D OR E FELONY, THE CRIME SHALL BE DEEMED  TO  BE  ONE  CATEGORY
 HIGHER  THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED, OR ONE CATE-
 GORY HIGHER  THAN  THE  OFFENSE  LEVEL  APPLICABLE  TO  THE  DEFENDANT'S
 S. 2434                             4
 
 CONVICTION  FOR  AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE,
 WHICHEVER IS APPLICABLE.
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF A CRIME PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE
 SPECIFIED OFFENSE IS A CLASS B FELONY:
   (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
 SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
 THIS CHAPTER;
   (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   (D)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
 THIS CHAPTER; AND
   (E)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
 DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF A CRIME PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE
 SPECIFIED OFFENSE IS A CLASS A-I FELONY, THE MINIMUM PERIOD OF THE INDE-
 TERMINATE SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS.
   § 8. Subdivision 4 of section 200.50 of the criminal procedure law, as
 amended by section 15 of subpart A of part H of chapter 55 of  the  laws
 of 2014, is amended to read as follows:
   4.  A statement in each count that the grand jury, or, where the accu-
 satory instrument is a superior court information, the  district  attor-
 ney,  accuses  the  defendant  or  defendants  of  a designated offense,
 provided that in any prosecution under article four hundred  eighty-five
 of the penal law, the designated offense shall be the specified offense,
 as  defined  in  subdivision  three  of section 485.05 of the penal law,
 followed by the phrase "as a hate crime", and provided further  that  in
 any  prosecution  under  section 490.25 of the penal law, the designated
 offense shall be the specified offense, as defined in subdivision  three
 of  section  490.05 of the penal law, followed by the phrase "as a crime
 of terrorism"; and  provided  further  that  in  any  prosecution  under
 section  130.91  of  the  penal law, the designated offense shall be the
 specified offense, as defined in subdivision two of  section  130.91  of
 the  penal law, followed by the phrase "as a sexually motivated felony";
 and provided further that in any prosecution under section 496.06 of the
 penal law, the designated offense shall be  the  specified  offense,  as
 defined in subdivision two of such section, followed by the phrase "as a
 public  corruption  crime"; AND PROVIDED FURTHER THAT IN ANY PROSECUTION
 UNDER ARTICLE ONE HUNDRED NINETY-SIX OF THE PENAL  LAW,  THE  DESIGNATED
 OFFENSE  SHALL  BE THE DESIGNATED FELONY OFFENSE, AS DEFINED IN SUBDIVI-
 SION TWO OF SECTION 196.00 OF THE PENAL LAW, FOLLOWED BY THE PHRASE  "AS
 AN ABUSE OF PUBLIC TRUST CRIME"; and
   §  9. Subdivision 7 of section 200.50 of the criminal procedure law is
 amended by adding a new paragraph (f) to read as follows:
   (F) IN THE CASE OF AN ABUSE OF  PUBLIC  TRUST  CRIME,  AS  DEFINED  IN
 SECTION  196.00  OF  THE  PENAL  LAW, SPECIFIES, AS APPLICABLE, THAT THE
 DEFENDANT OR DEFENDANTS COMMITTED, OR ATTEMPTED, CONSPIRED OR  SOLICITED
 ANOTHER TO COMMIT, A FELONY AND INTENTIONALLY USED THE DEFENDANT'S POSI-
 TION  AS A PUBLIC SERVANT IN A MANNER THAT SIGNIFICANTLY FACILITATED THE
 COMMISSION OR CONCEALMENT OF THE OFFENSE; AND
   § 10. This act shall take effect immediately.

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Senate Bill S2434

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2025-S2434 (ACTIVE) - Details

2025-S2434 (ACTIVE) - Summary

2025-S2434 (ACTIVE) - Sponsor Memo

2025-S2434 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2434

Share this bill

Sponsored By

Liz Krueger

Current Bill Status - In Senate Committee Codes Committee

2025-S2434 (ACTIVE) - Details

2025-S2434 (ACTIVE) - Summary

2025-S2434 (ACTIVE) - Sponsor Memo

2025-S2434 (ACTIVE) - Bill Text download pdf

Comments