NY State Senate Bill 2015-S5577A

Archive: Last 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2016	print number 5577a
May 02, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
May 14, 2015	referred to codes

Bill Amendments

Original

A (Active)

2015-S5577 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L generally; amd §200.50, CP L
Versions Introduced in 2017-2018 Legislative Session:: S1873

2015-S5577 - Summary

Relates to bribery offenses and defenses; relates to commercial bribing; establishes the crimes of official misconduct in the first and second degrees, abuse of public trust crime and undisclosed self-dealing in the first and second degrees.

2015-S5577 - Sponsor Memo

                                 BILL NUMBER:  S5577                   Revised 04/14/16

 TITLE OF BILL :

An act to amend the penal law, in relation to making technical
corrections to the descriptions of certain bribery offenses and
defenses; to amend the penal law, in relation to commercial bribing;
to amend the penal law and the criminal procedure law, in relation to
the crime of official misconduct and to abuse of public trust crimes;
and to amend the penal law, in relation to undisclosed self-dealing

 PURPOSE :

To strengthen the penal law and criminal procedural law against
bribery and corruption as recommended by the New York State White
Collar Crime Task Force.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends Section 200.00 of the penal law, as
amended by chapter 833 of the laws of 1986 by removing the language
"upon an agreement or understanding that" and inserting "with the
intent to influence".

Section 2 of this bill amends 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 by removing the language "upon an agreement or understanding
that" and inserting "with the intent to influence".

Section 3 of this bill amends 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 by removing the language "upon an agreement or understanding
that" and inserting "with the intent to influence".

Section 4 of this bill amends Section 200.05 of the penal law, by
creating an additional defense in a prosecution for bribery. It would
also be a defense that the benefit that the defendant conferred, or
offered or agreed to confer, upon the public servant was a legitimate
campaign contribution, unless such contribution was made upon an
agreement or understanding that such public servant's vote, opinion,
judgment, action, decision or exercise of discretion as a public
servant would thereby be influenced.

Section 5 of this bill amends Section 180.03 of the penal law, as
amended by chapter 577 of the laws of 1983 by removing the language
"and causes economic harm to the employer or principal in an amount
exceeding two hundred fifty dollars".

Section 6 of this bill amends Section 180.08 of the penal law, as
amended by chapter 577 of the laws of 1983 by removing the language
"and causes economic harm to the employer or principal in an amount
exceeding two hundred fifty dollars".

Section 7 of this bill amends Section 195.00 of the penal law, as
amended by chapter 906 of the laws of 1990 by specifying that this
crime is "in the third degree" and a class A misdemeanor.

Section of 8 of this bill amends the penal law by adding two new
sections, 195.01 and 195.02, to create the crimes of official
misconduct in the second degree (a class E felony) and in the first
degree (a class D felony).

Section 9 of this bill amends the penal law by adding a new article
196 to create the crime of abuse of public trust.


Section 10 of this bill amends subdivision 4 of section 200.50 of the
criminal procedure law, as amended by section 15 of subpart A of part
1-1 of chapter 55 of the laws of 2014 by adding the language "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 subdivision two of section
196.00 of the penal law, followed by the phrase "as an abuse of public
trust crime".

Section 11 of this bill amends subdivision 7 of section 200.05 of the
criminal procedure law by adding a new paragraph (f), which states "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 his or her position as a
public servant in a manner that significantly facilitated the
commission of concealment of the offense.

Section 12 of this bill amends the penal law by adding two new
sections, 195.30 and 195.35, to create the crimes of undisclosed
self-dealing in the second degree (a class D felony) and in the first
degree (a class C felony).

Section 3 states that this act shall take effect on the first of
November next succeeding the date on which it shall have become law.

 JUSTIFICATION :

Criminal law in New York State has not undergone a comprehensive
revision since the Bartlett Commission drafted the "new" Penal Law in
1965. While the Commission's revision was considered the most
significant legislation achieved in the evolution of a twentieth
century criminal code, the provisions on white-collar crime, were
relatively rudimentary. New York did not have the benefit of the
experience gained during the last five decades combating fraud and
corruption.

With the 21st century, development of commerce and technology has
taken us from an industrial world where large corporations were
beginning to exploit computer technology to a technological one where
everyone, including criminals, have access to electronic marvels.

These changes in technology have brought an evolution of crimes and
factual scenarios never contemplated by the Commission, such as
transnational cybercrime rings, the rise in value of intellectual
property and the corresponding activities of thieves, billion-dollar
securities fraud schemes, computer hacking, and increasingly
sophisticated corruption schemes. New breeds of white-collar criminals
have victimized individuals, businesses, and government entities
alike-costing New York State taxpayers dearly.

This continuing problem led to the creation of the New York State
White Collar Crime Task Force in October 2012 by Cyrus R. Vance, Jr.
The Task Force focused its attention to the issues that affect the
entire panoply of white-collar crime, such bribery and corruption.

As recommended by the Task Force, this bill would replace the
"agreement or understanding" requirement in New York's Bribery law
with a requirement of an "intent to influence" the public servant,
legislatively overruling People v. BacTran and make clear that where
the alleged bribe is a campaign contribution, an "agreement or
understanding" would still be required; and remove the $250 economic
harm requirement from the felony commercial Bribery statutes, which
has made felony-level prosecution all but impossible, and allowed
private corruption schemes to go unpunished.

It would also enact a new crime of Undisclosed Self-Dealing by public
servants, which would deal with courses of conduct where public
servants have secret interests in government business above a certain
threshold; upgrade the existing crime of Official Misconduct,
currently only a misdemeanor, to create two new crimes of Official
Misconduct in the Second and First degrees; and enact a sentencing
enhancement for Abuse of Public Trust, to increase sentence ranges by
one crime level in cases where public servants use their position to
commit crimes that are not otherwise defined as corruption crimes.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

2015-S5577 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5577

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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  making  technical
  corrections  to  the  descriptions  of  certain  bribery  offenses and
  defenses; to amend the penal law, in relation to  commercial  bribing;
  to  amend the penal law and the criminal procedure law, in relation to
  the crime of official misconduct and to abuse of public trust  crimes;
  and 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. Section 200.00 of the penal law, as amended by chapter  833
of the laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
  A  person  is  guilty  of  bribery  in the third degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public  serv-
ant  [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE 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.
  S  2.  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:
S 200.03 Bribery in the second degree.
  A  person  is  guilty  of  bribery in the second degree when he OR SHE
confers, or offers or agrees to confer, any benefit valued in excess  of
five thousand dollars upon a public servant [upon an agreement or under-
standing  that] WITH THE INTENT TO INFLUENCE 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.
  S  3.  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:
S 200.04 Bribery in the first degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11106-01-5

S. 5577                             2

  A  person  is  guilty  of  bribery in the first degree when the person
confers, or offers or agrees to confer: (1) any benefit  upon  a  public
servant  [upon  an  agreement  or understanding that] WITH THE INTENT TO
INFLUENCE such public servant's vote, opinion, judgment,  action,  deci-
sion  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 thousand dollars upon a public servant [upon an
agreement or understanding that]  WITH  THE  INTENT  TO  INFLUENCE  such
public  servant's  vote, opinion, judgment, action, decision or exercise
of discretion as a public servant [will thereby be influenced].
  Bribery in the first degree is a class B felony.
  S 4. Section 200.05 of the penal law is amended to read as follows:
S 200.05 Bribery; defense.
  In any prosecution for bribery[,]:  (1)  it  is  a  defense  that  the
defendant  conferred  or  agreed to confer the benefit involved upon the
public servant involved as a result of conduct of the latter  constitut-
ing larceny committed by means of extortion, or an attempt to commit the
same,  or  coercion,  or an attempt to commit coercion[.]; AND (2) IT IS
ALSO A DEFENSE THAT THE BENEFIT THAT THE DEFENDANT CONFERRED, OR OFFERED
OR AGREED TO CONFER, UPON THE PUBLIC SERVANT WAS A  LEGITIMATE  CAMPAIGN
CONTRIBUTION,  UNLESS  SUCH  CONTRIBUTION  WAS MADE UPON AN AGREEMENT OR
UNDERSTANDING  THAT  SUCH  PUBLIC  SERVANT'S  VOTE,  OPINION,  JUDGMENT,
ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A PUBLIC SERVANT WOULD
THEREBY BE INFLUENCED.
  S 5. Section 180.03 of the penal law, as amended by chapter 577 of the
laws of 1983, is amended to read as follows:
S 180.03 Commercial bribing in the first degree.
  A person is guilty of commercial bribing in the first degree  when  he
OR  SHE  confers,  or  offers  or agrees to confer, any benefit upon any
employee, agent or fiduciary without the consent of the latter's employ-
er or principal, with intent to influence his OR HER conduct in relation
to his OR HER employer's or principal's affairs, and when the  value  of
the  benefit  conferred or offered or agreed to be conferred exceeds one
thousand dollars [and causes economic harm to the employer or  principal
in an amount exceeding two hundred fifty dollars].
  Commercial bribing in the first degree is a class E felony.
  S 6. Section 180.08 of the penal law, as amended by chapter 577 of the
laws of 1983, is amended to read as follows:
S 180.08 Commercial bribe receiving in the first degree.
  An  employee, agent or fiduciary is guilty of commercial bribe receiv-
ing in the first degree when, without the consent  of  his  employer  or
principal,  he  OR SHE solicits, accepts or agrees to accept any benefit
from another person upon an agreement or understanding that such benefit
will influence his OR HER conduct in relation to his OR  HER  employer's
or  principal's  affairs,  and  when the value of the benefit solicited,
accepted or agreed to be accepted  exceeds  one  thousand  dollars  [and
causes economic harm to the employer or principal in an amount exceeding
two hundred fifty dollars].
  Commercial bribe receiving in the first degree is a class E felony.
  S 7. Section 195.00 of the penal law, as amended by chapter 906 of the
laws of 1990, is amended to read as follows:
S 195.00 Official misconduct IN THE THIRD DEGREE.

S. 5577                             3

  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 OR SHE commits an act relating to his OR HER office but consti-
tuting an unauthorized exercise of his OR HER official functions,  know-
ing that such act is unauthorized; or
  2.  He  OR  SHE  knowingly  refrains  from  performing a duty which is
imposed upon him OR HER by law or is clearly inherent in the  nature  of
his OR HER office.
  Official misconduct IN THE THIRD DEGREE is a class A misdemeanor.
  S  8.  The  penal law is amended by adding two new sections 195.01 and
195.02 to read as follows:
S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
  A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE 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 E FELONY.
S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
  A  PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE 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 D FELONY.
  S  9.  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.
S 196.00 ABUSE OF PUBLIC TRUST CRIME.
  1. (A) A PERSON COMMITS AN ABUSE OF PUBLIC TRUST CRIME WHEN HE OR  SHE
COMMITS A FELONY OFFENSE AND EITHER:
  (I)  INTENTIONALLY  USES  HIS OR HER 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 HIS OR
HER POSITION AS A PUBLIC SERVANT TO SIGNIFICANTLY FACILITATE THE COMMIS-
SION 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  FOUR OF SECTION 135.35 (LABOR
TRAFFICKING); SUBDIVISION EIGHT  OF  SECTION  135.60  (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  IN
THE  THIRD  DEGREE);  SECTION  195.01 (OFFICIAL MISCONDUCT IN THE SECOND
DEGREE); SECTION 195.02  (OFFICIAL  MISCONDUCT  IN  THE  FIRST  DEGREE);
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

S. 5577                             4

UNLAWFUL  GRATUITIES);  SECTION  200.50  (BRIBE  RECEIVING  FOR   PUBLIC
OFFICE);  PARAGRAPH (G) OF SUBDIVISION FIVE OF SECTION 230.34 (SEX TRAF-
FICKING); 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
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.
  S  10.  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

S. 5577                             5

  S 11. 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 HIS OR  HER  POSITION
AS  A  PUBLIC  SERVANT  IN  A  MANNER THAT SIGNIFICANTLY FACILITATED THE
COMMISSION OR CONCEALMENT OF THE OFFENSE; AND
  S 12. The penal law is amended by adding two new sections  195.30  and
195.35 to read as follows:
S 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, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR A COURSE OF CONDUCT IN HIS OR HER  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 HIMSELF, HERSELF, 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  HIMSELF,
HERSELF,  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  SERV-
ANT'S  APPOINTMENT TO HIS OR HER 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.
S 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, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR  A  COURSE  OF  CONDUCT IN HIS OR HER 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 HIMSELF, HERSELF,  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 HIMSELF,
HERSELF, 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  SERV-
ANT'S  APPOINTMENT TO HIS OR HER 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.
  S 13. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

2015-S5577A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L generally; amd §200.50, CP L
Versions Introduced in 2017-2018 Legislative Session:: S1873

2015-S5577A (ACTIVE) - Summary

2015-S5577A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5577A

 TITLE OF BILL :  An act to amend the penal law, in relation to making
technical corrections to the descriptions of certain bribery offenses
and defenses; to amend the penal law, in relation to commercial
bribing; to amend the penal law and the criminal procedure law, in
relation to the crime of official misconduct and to abuse of public
trust crimes; and to amend the penal law, in relation to undisclosed
self-dealing

 PURPOSE :

To strengthen the penal law and criminal procedural law against
bribery and corruption as recommended by the New York State White
Collar Crime Task Force.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends Section 200.00 of the penal law, as
amended by chapter 833 of the laws of 1986 by removing the language
"upon an agreement or understanding that" and inserting "with the
intent to influence".

Section 2 of this bill amends 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 by removing the language "upon an agreement or understanding

that" and inserting "with the intent to influence".

Section 3 of this bill amends 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 by removing the language "upon an agreement or understanding
that" and inserting "with the intent to influence".

Section 4 of this bill amends Section 200.05 of the penal law, by
creating an additional defense in a prosecution for bribery. It would
also be a defense that the benefit that the defendant conferred, or
offered or agreed to confer, upon the public servant was a legitimate
campaign contribution, unless such contribution was made upon an
agreement or understanding that such public servant's vote, opinion,
judgment, action, decision or exercise of discretion as a public
servant would thereby be influenced.

Section 5 of this bill amends Section 180.03 of the penal law, as
amended by chapter 577 of the laws of 1983 by removing the language
"and causes economic harm to the employer or principal in an amount
exceeding two hundred fifty dollars".

Section 6 of this bill amends Section 180.08 of the penal law, as
amended by chapter 577 of the laws of 1983 by removing the language
"and causes economic harm to the employer or principal in an amount
exceeding two hundred fifty dollars".

Section 7 of this bill amends Section 195.00 of the penal law, as
amended by chapter 906 of the laws of 1990 by specifying that this
crime is "in the third degree" and a class A misdemeanor.

Section of 8 of this bill amends the penal law by adding two new
sections, 195.01 and 195.03, to create the crimes of official
misconduct in the second degree (a class E felony) and in the first
degree (a class D felony).

Section 9 of this bill amends the penal law by adding a new article
196 to create the crime of abuse of public trust.

Section 10 of this bill amends 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 by adding the language "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 subdivision two of section
196.00 of the penal law, followed by the phrase "as an abuse of public
trust crime'.

Section 11 of this bill amends subdivision 7 of section 200.05 of the
criminal procedure law by adding a new paragraph (f), which states "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 his or her position as a
public servant in a manner that significantly facilitated the
commission of concealment of the offense.

Section 12 of this bill amends the penal law by adding two new
sections, 195.30 and 195.35, to create the crimes of undisclosed
self-dealing in the second degree (a class D felony) and in the first
degree (a class C felony).

Section 3 states that this act shall take effect on the first of
November next succeeding the date on which it shall have become law.

 JUSTIFICATION :

Criminal law in New York State has not undergone a comprehensive
revision since the Bartlett Commission drafted the "new" Penal Law in
1965. While the Commission's revision was considered the most
significant legislation achieved in the evolution of a twentieth
century criminal code, the provisions on white-collar crime, were
relatively rudimentary. New York did not have the benefit of the
experience gained during the last five decades combating fraud and
corruption.

With the 21" century, development of commerce and technology has taken
us from an industrial world where large corporations were beginning to
exploit computer technology to a technological one where everyone,
including criminals, have access to electronic marvels.

These changes in technology have brought an evolution of crimes and
factual scenarios never contemplated by the Commission, such as
transnational cybercrime rings, the rise in value of intellectual
property and the corresponding activities of thieves, billion-dollar
securities fraud schemes, computer hacking, and increasingly
sophisticated corruption schemes. New breeds of white-collar criminals
have victimized individuals, businesses, and government entities
alike-costing New York State taxpayers dearly.

This continuing problem led to the creation of the New York State
White Collar Crime Task Force in October 2012 by Cyrus R. Vance, Jr.
The Task Force focused its attention to the issues that affect the
entire panoply of white-collar crime, such bribery and corruption.

As recommended by the Task Force, this bill would replace the
"agreement or understanding" requirement in New York's Bribery law
with a requirement of an "intent to influence" the public servant,
legislatively overruling People v. BacTran and make clear that where
the alleged bribe is a campaign contribution, an "agreement or
understanding" would still be required; and remove the $250 economic
harm requirement from the felony commercial Bribery statutes, which
has made felony-level prosecution all but impossible, and allowed
private corruption schemes to go unpunished.

It would also enact a new crime of Undisclosed Self-Dealing by public
servants, which would deal with courses of conduct where public
servants have secret interests in government business above a certain
threshold; upgrade the existing crime of Official Misconduct,
currently only a misdemeanor, to create two new crimes of Official
Misconduct in the Second and First degrees; and enact a sentencing
enhancement for Abuse of Public Trust, to increase sentence ranges by
one crime level in cases where public servants use their position to
commit crimes that are not otherwise defined as corruption crimes.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

2015-S5577A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5577--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal  law,  in  relation  to  making technical
  corrections to  the  descriptions  of  certain  bribery  offenses  and
  defenses;  to  amend the penal law, in relation to commercial bribing;
  to amend the penal law and the criminal procedure law, in relation  to
  the  crime of official misconduct and to abuse of public trust crimes;
  and 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. Section 200.00 of the penal law, as amended by chapter 833
of the laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
  A person is guilty of bribery in the  third  degree  when  he  OR  SHE
confers,  or offers or agrees to confer, any benefit upon a public serv-
ant [upon an agreement or understanding that] WITH THE INTENT TO  INFLU-
ENCE  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.
  S 2. 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:
S 200.03 Bribery in the second degree.
  A person is guilty of bribery in the second  degree  when  he  OR  SHE
confers,  or offers or agrees to confer, any benefit valued in excess of
five thousand dollars upon a public servant [upon an agreement or under-
standing that] WITH THE INTENT TO INFLUENCE such public servant's  vote,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11106-02-6

S. 5577--A                          2

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.
  S  3.  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:
S 200.04 Bribery in the first degree.
  A  person  is  guilty  of  bribery in the first degree when the person
confers, or offers or agrees to confer: (1) any benefit  upon  a  public
servant  [upon  an  agreement  or understanding that] WITH THE INTENT TO
INFLUENCE such public servant's vote, opinion, judgment,  action,  deci-
sion  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 thousand dollars upon a public servant [upon an
agreement or understanding that]  WITH  THE  INTENT  TO  INFLUENCE  such
public  servant's  vote, opinion, judgment, action, decision or exercise
of discretion as a public servant [will thereby be influenced].
  Bribery in the first degree is a class B felony.
  S 4. Section 200.05 of the penal law is amended to read as follows:
S 200.05 Bribery; defense.
  In any prosecution for bribery[,]:  (1)  it  is  a  defense  that  the
defendant  conferred  or  agreed to confer the benefit involved upon the
public servant involved as a result of conduct of the latter  constitut-
ing larceny committed by means of extortion, or an attempt to commit the
same,  or  coercion,  or an attempt to commit coercion[.]; AND (2) IT IS
ALSO A DEFENSE THAT THE BENEFIT THAT THE DEFENDANT CONFERRED, OR OFFERED
OR AGREED TO CONFER, UPON THE PUBLIC SERVANT WAS A  LEGITIMATE  CAMPAIGN
CONTRIBUTION,  UNLESS  SUCH  CONTRIBUTION  WAS MADE UPON AN AGREEMENT OR
UNDERSTANDING  THAT  SUCH  PUBLIC  SERVANT'S  VOTE,  OPINION,  JUDGMENT,
ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A PUBLIC SERVANT WOULD
THEREBY BE INFLUENCED.
  S 5. Section 180.03 of the penal law, as amended by chapter 577 of the
laws of 1983, is amended to read as follows:
S 180.03 Commercial bribing in the first degree.
  A person is guilty of commercial bribing in the first degree  when  he
OR  SHE  confers,  or  offers  or agrees to confer, any benefit upon any
employee, agent or fiduciary without the consent of the latter's employ-
er or principal, with intent to influence his OR HER conduct in relation
to his OR HER employer's or principal's affairs, and when the  value  of
the  benefit  conferred or offered or agreed to be conferred exceeds one
thousand dollars [and causes economic harm to the employer or  principal
in an amount exceeding two hundred fifty dollars].
  Commercial bribing in the first degree is a class E felony.
  S 6. Section 180.08 of the penal law, as amended by chapter 577 of the
laws of 1983, is amended to read as follows:
S 180.08 Commercial bribe receiving in the first degree.
  An  employee, agent or fiduciary is guilty of commercial bribe receiv-
ing in the first degree when, without the consent of his OR HER employer
or principal, he OR SHE solicits, accepts or agrees to accept any  bene-
fit  from  another  person  upon an agreement or understanding that such
benefit will influence his OR HER conduct in  relation  to  his  OR  HER
employer's  or  principal's  affairs,  and when the value of the benefit
solicited, accepted or  agreed  to  be  accepted  exceeds  one  thousand

S. 5577--A                          3

dollars  [and  causes  economic  harm to the employer or principal in an
amount exceeding two hundred fifty dollars].
  Commercial bribe receiving in the first degree is a class E felony.
  S 7. Section 195.00 of the penal law, as amended by chapter 906 of the
laws of 1990, is amended to read as follows:
S 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 OR SHE commits an act relating to his OR HER office but consti-
tuting an unauthorized exercise of his OR HER official functions,  know-
ing that such act is unauthorized; or
  2.  He  OR  SHE  knowingly  refrains  from  performing a duty which is
imposed upon him OR HER by law or is clearly inherent in the  nature  of
his OR HER office.
  Official misconduct IN THE THIRD DEGREE is a class A misdemeanor.
  S  8.  The  penal law is amended by adding two new sections 195.01 and
195.03 to read as follows:
S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
  A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE 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 E FELONY.
S 195.03 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
  A  PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE 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 D FELONY.
  S  9.  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.
S 196.00 ABUSE OF PUBLIC TRUST CRIME.
  1. (A) A PERSON COMMITS AN ABUSE OF PUBLIC TRUST CRIME WHEN HE OR  SHE
COMMITS A FELONY OFFENSE AND EITHER:
  (I)  INTENTIONALLY  USES  HIS OR HER 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 HIS OR
HER POSITION AS A PUBLIC SERVANT TO SIGNIFICANTLY FACILITATE THE COMMIS-
SION 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  FOUR OF SECTION 135.35 (LABOR
TRAFFICKING); SUBDIVISION EIGHT  OF  SECTION  135.60  (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  IN
THE  THIRD  DEGREE);  SECTION  195.01 (OFFICIAL MISCONDUCT IN THE SECOND

S. 5577--A                          4

DEGREE); SECTION 195.03  (OFFICIAL  MISCONDUCT  IN  THE  FIRST  DEGREE);
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 TRAF-
FICKING); 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
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.
  S  10.  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

S. 5577--A                          5

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
  S 11. 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 HIS OR  HER  POSITION
AS  A  PUBLIC  SERVANT  IN  A  MANNER THAT SIGNIFICANTLY FACILITATED THE
COMMISSION OR CONCEALMENT OF THE OFFENSE; AND
  S 12. The penal law is amended by adding two new sections  195.30  and
195.35 to read as follows:
S 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, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR A COURSE OF CONDUCT IN HIS OR HER  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 HIMSELF, HERSELF, 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  HIMSELF,
HERSELF,  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  SERV-
ANT'S  APPOINTMENT TO HIS OR HER 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.
S 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, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR  A  COURSE  OF  CONDUCT IN HIS OR HER 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 HIMSELF, HERSELF,  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 HIMSELF,
HERSELF, 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  SERV-

S. 5577--A                          6

ANT'S  APPOINTMENT TO HIS OR HER 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.
  S  13.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.

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Senate Bill S5577A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2015-S5577 - Details

2015-S5577 - Summary

2015-S5577 - Sponsor Memo

2015-S5577 - Bill Text download pdf

2015-S5577A (ACTIVE) - Details

2015-S5577A (ACTIVE) - Summary

2015-S5577A (ACTIVE) - Sponsor Memo

2015-S5577A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5577A

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2015-S5577 - Details

2015-S5577 - Summary

2015-S5577 - Sponsor Memo

2015-S5577 - Bill Text download pdf

2015-S5577A (ACTIVE) - Details

2015-S5577A (ACTIVE) - Summary

2015-S5577A (ACTIVE) - Sponsor Memo

2015-S5577A (ACTIVE) - Bill Text download pdf

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