Prohibits conduct in an official capacity in connection with the award of a public contract or public grant that is intended to confer an undisclosed benefit on a public servant, a person with whom a public servant has a business or other financial relationship.
STATE OF NEW YORK
________________________________________________________________________
5068
2023-2024 Regular Sessions
IN ASSEMBLY
March 2, 2023
___________
Introduced by M. of A. LAVINE, STECK, SIMON, WALLACE, NORRIS -- Multi-
Sponsored by -- M. of A. HAWLEY, THIELE -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to undisclosed self-dealing
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 two new sections 195.30
2 and 195.35 to read as follows:
3 § 195.30 Undisclosed self-dealing in the second degree.
4 A person is guilty of undisclosed self-dealing in the second degree
5 when, being a public servant, he or she intentionally engages in conduct
6 or a course of conduct in his or her official capacity in connection
7 with the award of a public contract or public grant or other effort to
8 obtain or retain public business or public funds that is intended to
9 confer an undisclosed benefit on himself, herself, a spouse, domestic
10 partner, child, parent, or sibling of the public servant, a person with
11 whom a public servant has a business or other financial relationship, or
12 a firm in which the public servant has a present or potential interest
13 and thereby obtains or attempts to obtain a benefit for himself,
14 herself, a spouse, domestic partner, child, parent, or sibling of the
15 public servant, a person with whom a public servant has a business or
16 other financial relationship, or a firm in which the public servant has
17 a present or potential interest with a value in excess of three thousand
18 dollars. A benefit is disclosed if its existence is made known prior to
19 the alleged wrongful conduct to either (i) the relevant state or local
20 ethics commission or (ii) the official responsible for the public serv-
21 ant's appointment to his or her position, provided that person is not a
22 participant in the alleged wrongful conduct.
23 Undisclosed self-dealing in the second degree is a class D felony.
24 § 195.35 Undisclosed self-dealing in the first degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02771-01-3
A. 5068 2
1 A person is guilty of undisclosed self-dealing in the first degree
2 when, being a public servant, he or she intentionally engages in conduct
3 or a course of conduct in his or her official capacity in connection
4 with the award of a public contract or public grant or other effort to
5 obtain or retain public business or public funds that is intended to
6 confer an undisclosed benefit on himself, herself, a spouse, domestic
7 partner, child, parent, or sibling of the public servant, a person with
8 whom a public servant has a business or other financial relationship, or
9 a firm in which the public servant has a present or potential interest
10 and thereby obtains or attempts to obtain a benefit for himself,
11 herself, a spouse, domestic partner, child, parent, or sibling of the
12 public servant, a person with whom a public servant has a business or
13 other financial relationship, or a firm in which the public servant has
14 a present or potential interest with a value in excess of ten thousand
15 dollars. A benefit is disclosed if its existence is made known prior to
16 the alleged wrongful conduct to either (i) the relevant state or local
17 ethics commission or (ii) the official responsible for the public serv-
18 ant's appointment to his or her position, provided that person is not a
19 participant in the alleged wrongful conduct.
20 Undisclosed self-dealing in the first degree is a class C felony.
21 § 2. This act shall take effect immediately.
