Bill S7528-2013

Relates to commercial bribing

Relates to commercial bribing.

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  • May 15, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S7528

TITLE OF BILL: An act to amend the penal law, in relation to commercial bribing

PURPOSE OR GENERAL IDEA OF BILL:

Removes the requirement that a person must cause economic harm of over two hundred fifty dollars to an employer or principal to be found guilty or commercial bribing in the first degree or commercial bribe receiving in the first degree.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 180.03 of the penal law to remove the requirement that a person must cause economic harm to the employer or principal in an amount exceeding two hundred fifty dollars to be found guilty of commercial bribing in the first degree.

Section 2 amends section 180.08 of the penal law to remove the requirement that a person must cause economic harm to the employer or principal in an amount exceeding two hundred fifty dollars to be found guilty of commercial bribe receiving in the first degree.

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:

This legislation removes an impediment to prosecuting felony bribery cases by removing a requirement that a person must cause economic harm of over two hundred fifty dollars to an employer or principal to be found guilty or commercial bribing in the first degree or commercial bribe receiving in the first degree.

In order to prosecute an individual for felony-level bribery or bribe receiving under New York State law, there is already a requirement that the bribe must exceed $1000 in value. According to the recommendation of the New York State White Collar Crime Task Force, "The $1,000 threshold for a felony bribe is more than adequate as a limiting principle, and recognizes that the harm done by bribery is the purchase of loyalty, not the economic result." The report also points out that "commercial bribery causes qualitative but not necessarily quantitative harm: the breach of trust between employer and employee; the corrupt influence that secures a contract or service; and the disadvantage to businesses that operate with integrity."

This legislation would provide law enforcement with an easier path to prosecute commercial bribery and ensure a more fair and competitive economic climate in the state of New York.

PRIOR LEGISLATIVE HISTORY:

New Legislation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7528 IN SENATE May 15, 2014 ___________
Introduced by Sen. HOYLMAN -- 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 commercial bribing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 2. 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 3. This act shall take effect immediately.

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