Enacts "Lindsey's law" criminalizing the disclosure of confidential government records by a public employer as retaliation for a victim making a sexual harassment complaint or claim.
STATE OF NEW YORK
________________________________________________________________________
1931
2025-2026 Regular Sessions
IN SENATE
January 14, 2025
___________
Introduced by Sens. WEBER, BORRELLO, MURRAY -- 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 enacting "Lindsey's law"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Lindsey's law".
3 § 2. The penal law is amended by adding a new section 195.01 to read
4 as follows:
5 § 195.01 Official misconduct for retaliation.
6 A public servant is guilty of official misconduct for retaliation when
7 such public servant, as retaliation against an employee, paid or unpaid
8 intern or non-employee for making a complaint or claim about any inci-
9 dent or incidents of sexual harassment, knowingly and purposefully
10 discloses any confidential government records, including but not limited
11 to personnel files and confidential information or documents pertaining
12 to such incident or incidents of sexual harassment, to any other party
13 who would not otherwise be entitled to such information, after such
14 complaint or claim has been made.
15 For purposes of this section: 1. "Sexual harassment" shall mean making
16 unwelcome or unwanted sexual advances, requesting sexual favors in
17 exchange for favorable treatment or continued employment, engaging in
18 verbal or physical conduct of a sexual nature which is made a term or
19 condition of employment, or which is used as the basis for employment
20 decisions. "Sexual harassment" shall also include any type of sexually
21 oriented conduct that is unwelcome and has the purpose or effect of
22 unreasonably interfering with an employee's work performance or creating
23 a work environment that is intimidating, hostile, offensive or coercive
24 to a reasonable person. "Sexual harassment" shall not be limited to
25 male-female interaction.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03327-01-5
S. 1931 2
1 2. "Public servant" shall mean (i) any public officer or employee of
2 the state or of any political subdivision thereof or of any governmental
3 instrumentality within the state, or (ii) any person exercising the
4 functions of any such public officer or employee. The term public serv-
5 ant shall include a person who has been elected or designated to become
6 a public servant.
7 Official misconduct for retaliation is a class A misdemeanor.
8 § 3. This act shall take effect immediately.
