STATE OF NEW YORK
________________________________________________________________________
2106
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. BENJAMIN, GREENE, ALFANO, WALKER -- Multi-Spon-
sored by -- M. of A. BARRA, CLARK, HOOPER, MILLER -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to official misconduct during
an emergency or natural or man-made disaster
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 195.03 to
2 read as follows:
3 § 195.03 Official misconduct during an emergency or natural or man-made
4 disaster.
5 A public servant is guilty of official misconduct during an emergency
6 or natural or man-made disaster when, without cause or reasonable expla-
7 nation:
8 1. He or she commits an act relating to his or her office or duty as
9 an emergency first responder, constituting an unauthorized exercise of
10 his or her official functions, knowing that such act is unauthorized; or
11 2. He or she knowingly refrains from performing a duty which is
12 imposed upon him or her by law or is clearly inherent in the nature of
13 his or her office or position, as an emergency first responder; or
14 3. He or she knowingly fails to report to work as an emergency first
15 responder or to his or her official position.
16 Official misconduct during an emergency or natural or man-made disas-
17 ter is a class E felony.
18 § 2. This act shall take effect on the first of November next succeed-
19 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05354-01-9
