A01222 Summary:

Add §195.01, Pen L
Creates the crime of official misconduct for sexual harassment by a public servant; makes it a class A misdemeanor.
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A01222 Actions:

01/07/2021referred to codes
01/05/2022referred to codes
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A01222 Committee Votes:

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A01222 Floor Votes:

There are no votes for this bill in this legislative session.
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A01222 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Seawright
  TITLE OF BILL: An act to amend the penal law, in relation to official misconduct for sexual harassment by a public servant   PURPOSE OR GENERAL IDEA OF BILL: Amends the penal law to add a new section 195.01 to include sexual harassment by a public servant to be a crime of official misconduct, punishable as a class A misdemeanor.   SUMMARY OF PROVISIONS: Section 1 amends the Penal Code to classify sexual harassment by a public servant as an act of Official Misconduct, which is a class A misdemeanor. Subsection (a) defines sexual harassment. Subsection (b) defines public servant. Section 2 is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Non-applicable   JUSTIFICATION: In the last year, accusations of sexual harassment and misconduct have taken a prominent place in the national dialogue, with new allegations emerging almost daily. Unfortunately, it has revealed that no industry, public or private, is immune. Public servants should be held to the highest standards, and in the event they use their position of power to exploit and victimize their subordinates, they should be punished. This behavior is a significant betrayal of the public trust, and those who engage in these actions need to be held accountable. The New York State has the opportunity to be an example for other enti- ties and states by implementing a zero tolerance policy for sexual harassment and assault, no matter the title or office of the offender.   PRIOR LEGISLATIVE HISTORY: 2018: A10465 (Seawright)/ S7177 (Kennedy) Referred to Assembly and Senate Committees on Codes.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimum   EFFECTIVE DATE: This act shall take effect Immediately.
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A01222 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 7, 2021
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to  official  misconduct  for
          sexual harassment by a public servant
          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 as  defined  in
     6  this  section.  For  purposes of this section, the following terms shall
     7  have the following meanings:
     8    (a) "Sexual harassment" shall mean making unwelcome or unwanted sexual
     9  advances, requesting sexual favors in exchange for  favorable  treatment
    10  or  continued  employment,  engaging  in verbal or physical conduct of a
    11  sexual nature which is made a term or condition of employment, or  which
    12  is used as the basis for employment decisions. "Sexual harassment" shall
    13  also  include  any type of sexual oriented conduct that is unwelcome and
    14  has the purpose or effect of unreasonably interfering with an employee's
    15  work 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    (b) "Public servant" shall be defined as (i)  any  public  officer  or
    19  employee  of the state or of any political subdivision thereof or of any
    20  governmental instrumentality within the state, or (ii) any person  exer-
    21  cising  the  functions  of any such public officer or employee. The term
    22  public servant shall include a person who has been elected or designated
    23  to become a public servant.
    24    Official misconduct for sexual harassment is a class A misdemeanor.
    25    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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