STATE OF NEW YORK
________________________________________________________________________
1052
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. PAULIN, GALEF, SEAWRIGHT, D'URSO, JAFFEE, SIMO-
TAS, THIELE -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, SCHIMMINGER
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing crimes relat-
ing to official misconduct for obtaining a benefit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 195.00 of the penal law, as
2 amended by chapter 906 of the laws of 1990, are amended to read as
3 follows:
4 1. He or she commits an act relating to his or her office but consti-
5 tuting an unauthorized exercise of his or her official functions, know-
6 ing that such act is unauthorized; or
7 2. He or she knowingly refrains from performing a duty which is
8 imposed upon him or her by law or is clearly inherent in the nature of
9 his or her office.
10 § 2. The penal law is amended by adding two new sections 195.03 and
11 195.04 to read as follows:
12 § 195.03 Official misconduct for obtaining a benefit in the second
13 degree.
14 A public servant is guilty of official misconduct for obtaining a
15 benefit in the second degree when he or she commits the crime of offi-
16 cial misconduct and he or she thereby intentionally obtains any benefit
17 for himself or herself or for another person or intentionally deprives
18 another person of a benefit, and the value of the benefit exceeds one
19 thousand dollars.
20 Official misconduct for obtaining a benefit in the second degree is a
21 class E felony.
22 § 195.04 Official misconduct for obtaining a benefit in the first
23 degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03409-01-9
A. 1052 2
1 A public servant is guilty of official misconduct for obtaining a
2 benefit in the first degree when he or she commits the crime of official
3 misconduct for obtaining a benefit in the second degree, and the value
4 of the benefit exceeds three thousand dollars.
5 Official misconduct for obtaining a benefit in the first degree is a
6 class D felony.
7 § 3. This act shall take effect on the sixtieth day after it shall
8 have become a law.
