S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6920
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 undisclosed self-dealing
 
   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 two new sections 195.30
 and 195.35 to read as follows:
 § 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN  THE  SECOND  DEGREE
 WHEN,  BEING  A  PUBLIC  SERVANT,  SUCH  PERSON INTENTIONALLY ENGAGES IN
 CONDUCT OR A COURSE OF CONDUCT IN THEIR OFFICIAL CAPACITY IN  CONNECTION
 WITH  THE  AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
 OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS  THAT  IS  INTENDED  TO
 CONFER  AN  UNDISCLOSED BENEFIT ON THEMSELF, A SPOUSE, DOMESTIC PARTNER,
 CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON  WITH  WHOM  A
 PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR A FIRM
 IN  WHICH  THE  PUBLIC  SERVANT  HAS A PRESENT OR POTENTIAL INTEREST AND
 THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR THEMSELF, A  SPOUSE,
 DOMESTIC  PARTNER,  CHILD,  PARENT,  OR SIBLING OF THE PUBLIC SERVANT, A
 PERSON WITH WHOM A PUBLIC SERVANT HAS  A  BUSINESS  OR  OTHER  FINANCIAL
 RELATIONSHIP,  OR  A  FIRM  IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR
 POTENTIAL INTEREST WITH A VALUE IN EXCESS OF THREE THOUSAND  DOLLARS.  A
 BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED
 WRONGFUL  CONDUCT  TO  EITHER  (I)  THE  RELEVANT  STATE OR LOCAL ETHICS
 COMMISSION OR (II) THE OFFICIAL RESPONSIBLE  FOR  THE  PUBLIC  SERVANT'S
 APPOINTMENT TO THEIR POSITION, PROVIDED THAT PERSON IS NOT A PARTICIPANT
 IN THE ALLEGED WRONGFUL CONDUCT.
   UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE
 WHEN, BEING A PUBLIC  SERVANT,  SUCH  PERSON  INTENTIONALLY  ENGAGES  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05599-01-5
              

 S. 6920                             2
 
 CONDUCT  OR A COURSE OF CONDUCT IN THEIR OFFICIAL CAPACITY IN CONNECTION
 WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
 OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
 CONFER  AN  UNDISCLOSED BENEFIT ON THEMSELF, A SPOUSE, DOMESTIC PARTNER,
 CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON  WITH  WHOM  A
 PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR A FIRM
 IN  WHICH  THE  PUBLIC  SERVANT  HAS A PRESENT OR POTENTIAL INTEREST AND
 THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR THEMSELF, A  SPOUSE,
 DOMESTIC  PARTNER,  CHILD,  PARENT,  OR SIBLING OF THE PUBLIC SERVANT, A
 PERSON WITH WHOM A PUBLIC SERVANT HAS  A  BUSINESS  OR  OTHER  FINANCIAL
 RELATIONSHIP,  OR  A  FIRM  IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR
 POTENTIAL INTEREST WITH A VALUE IN EXCESS OF  TEN  THOUSAND  DOLLARS.  A
 BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED
 WRONGFUL  CONDUCT  TO  EITHER  (I)  THE  RELEVANT  STATE OR LOCAL ETHICS
 COMMISSION OR (II) THE OFFICIAL RESPONSIBLE  FOR  THE  PUBLIC  SERVANT'S
 APPOINTMENT TO THEIR POSITION, PROVIDED THAT PERSON IS NOT A PARTICIPANT
 IN THE ALLEGED WRONGFUL CONDUCT.
   UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 2. This act shall take effect immediately.