Relates to crimes against public trust by state officers; requires such state officers salary to be suspended pending indictment for such crimes; and 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.
STATE OF NEW YORK
________________________________________________________________________
6320
2019-2020 Regular Sessions
IN ASSEMBLY
March 5, 2019
___________
Introduced by M. of A. WALCZYK -- read once and referred to the Commit-
tee on Governmental Operations
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
24 second degree as defined in section 200.11 of the penal law, bribe
25 receiving in the third degree as defined in section 200.10 of the penal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09833-01-9
A. 6320 2
1 law, corrupting the government in the first degree as defined in section
2 496.05 of the penal law, corrupting the government in the second degree
3 as defined in section 496.04 of the penal law, corrupting the government
4 in the third degree as defined in section 496.03 of the penal law,
5 corrupting the government in the fourth degree as defined in section
6 496.02 of the penal law, rewarding official misconduct in the first
7 degree as defined in section 200.22 of the penal law, rewarding official
8 misconduct in the second degree as defined in section 200.20 of the
9 penal law, receiving reward for official misconduct in the first degree
10 as defined in section 200.27 of the penal law, and receiving reward for
11 official misconduct in the second degree as defined in section 200.25 of
12 the penal law.
13 § 3. This act shall take effect immediately.
