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S00038 Summary:

BILL NOS00038
 
SAME ASNo Same As
 
SPONSORWALCZYK
 
COSPNSR
 
MLTSPNSR
 
Add §79-a, Pub Off L
 
Relates to crimes against public trust by state officers; requires such state officers' salary to be suspended pending indictment for such crimes; if convicted requires such state officers to pay back the portion of their salary beginning with the pay period immediately proceeding the date upon which the first convicted offense occurred.
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S00038 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           38
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
          printed to be committed to the Committee on Ethics and Internal Gover-
          nance
 
        AN ACT to amend the public officers law, in relation to  crimes  against
          public trust by state officers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and  may  be  cited  as  "the  halt
     2  crimes against public trust act".
     3    §  2.  The public officers law is amended by adding a new section 79-a
     4  to read as follows:
     5    § 79-a. Crimes against public trust by  state  officers.  1.  (a)  Any
     6  state  officer  indicted  for  a crime involving public trust shall have
     7  their salary for such official position suspended pending  such  indict-
     8  ment.
     9    (b)  Where  the  indictment results in a conviction of a crime against
    10  public trust, all monies earned by such state officer for such  official
    11  position  beginning  with the pay period immediately proceeding the date
    12  upon which the first convicted offense occurred shall be  paid  back  to
    13  the state by such state officer.
    14    (c)  Where  the  indictment does not result in a conviction of a crime
    15  against public trust, such suspension shall cease and such state officer
    16  shall be paid back all monies not paid to such state officer during such
    17  suspension.
    18    2. For purposes of this  section  the  term  "crime  involving  public
    19  trust"  shall  include bribery in the first degree as defined in section
    20  200.04 of the penal law, bribery in the  second  degree  as  defined  in
    21  section  200.03 of the penal law, bribery in the third degree as defined
    22  in section 200.00 of the penal law, bribe receiving in the first  degree
    23  as  defined  in  section 200.12 of the penal law, bribe receiving in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00087-01-5

        S. 38                               2
 
     1  second degree as defined in section  200.11  of  the  penal  law,  bribe
     2  receiving  in the third degree as defined in section 200.10 of the penal
     3  law, corrupting the government in the first degree as defined in section
     4  496.05  of the penal law, corrupting the government in the second degree
     5  as defined in section 496.04 of the penal law, corrupting the government
     6  in the third degree as defined in  section  496.03  of  the  penal  law,
     7  corrupting  the  government  in  the fourth degree as defined in section
     8  496.02 of the penal law, rewarding  official  misconduct  in  the  first
     9  degree as defined in section 200.22 of the penal law, rewarding official
    10  misconduct  in  the  second  degree  as defined in section 200.20 of the
    11  penal law, receiving reward for official misconduct in the first  degree
    12  as  defined in section 200.27 of the penal law, and receiving reward for
    13  official misconduct in the second degree as defined in section 200.25 of
    14  the penal law.
    15    § 3. This act shall take effect immediately.
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