STATE OF NEW YORK
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7176
IN SENATE(Prefiled)
January 3, 2018
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Introduced by Sen. KENNEDY -- 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 the crime of official
misconduct for sexual harassment by a member of the state legislature
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 a new section 195.01 to
2 read as follows:
3 § 195.01 Official misconduct for sexual harassment.
4 A public servant is guilty of official misconduct for sexual harass-
5 ment when he or she commits the act of sexual harassment, while serving
6 as a member of the New York state legislature. For purposes of this
7 section, "sexual harassment" shall be defined as making unwelcome or
8 unwanted sexual advances, requesting sexual favors in exchange for
9 favorable treatment or continued employment, engaging in verbal or phys-
10 ical conduct of a sexual nature which is made a term or condition of
11 employment, or using the refusal or acceptance of such advances as the
12 basis for employment decisions. "Sexual harassment" shall also include
13 any type of sexually oriented conduct that is unwelcome and has the
14 purpose or effect of unreasonably interfering with an employee's work
15 performance or creating a work environment that is intimidating,
16 hostile, offensive or coercive to a reasonable person. "Sexual harass-
17 ment" shall not be limited to male-female interaction.
18 Official misconduct for sexual harassment is a class A misdemeanor.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13889-01-7
