Bill Text: NY A04382 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to bribing a public officer and receiving bribes by a public officer; and to disqualifying those convicted of bribing a public officer or receiving a bribe from ever afterwards holding any state office.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-02-04 - referred to governmental operations [A04382 Detail]

Download: New_York-2019-A04382-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4382
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the public officers law, in relation to bribing a public
          officer and receiving a bribe by a public officer
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The public officers law is amended by adding a new section
     2  75-b to read as follows:
     3    § 75-b. Bribery of public officers. A person, including  public  offi-
     4  cers,  or  a  person  elected  to public office, who gives or offers, or
     5  causes to be given or offered, a bribe, or any money, property, or value
     6  of any kind, or any promise or agreement therefor, to a public  officer,
     7  or  a person who has been elected to public office, upon any understand-
     8  ing that his or her official vote, opinion, judgment or action shall  be
     9  influenced  thereby,  or shall be given in any particular manner or upon
    10  any particular side of any question or matter upon which he or  she  may
    11  be  required  to  act  in his or her official capacity, is punishable by
    12  imprisonment for not more than ten years, or by a fine of not more  than
    13  five thousand dollars, or by both.
    14    §  2.  The public officers law is amended by adding a new section 76-a
    15  to read as follows:
    16    § 76-a. Receiving bribes by public officers. A public  officer,  or  a
    17  person  elected  to  public  office,  who  asks,  receives, or agrees to
    18  receive any bribe upon any understanding that his or her official  vote,
    19  opinion,  judgment  or  action  shall be influenced thereby, or shall be
    20  given in any particular manner or upon any particular side of any  ques-
    21  tion or matter upon which he or she may be required to act in his or her
    22  official capacity, shall be guilty of a class D felony.
    23    §  3.  The public officers law is amended by adding a new section 77-b
    24  to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07807-01-9

        A. 4382                             2
     1    § 77-b. Public officers liable to forfeiture of office. The conviction
     2  of a public officer, or a person elected to public office, of any of the
     3  crimes defined in sections seventy-five-b or seventy-six-a of this arti-
     4  cle, shall involve as  a  consequence  in  addition  to  the  punishment
     5  provided  in  such sections a forfeiture of his or her office; and shall
     6  disqualify him or her from ever afterwards holding any office under this
     7  state.
     8    § 4. Section 77 of the public officers law, as added by  chapter  1012
     9  of the laws of 1965, is amended to read as follows:
    10    § 77. Unlawful  fees  and  payments. A member of the legislature [or],
    11  any officer or employee of the legislature, or any  public  officer  who
    12  asks or receives or consents or agrees to receive any emolument, gratui-
    13  ty  or  reward  or  any  promise of emolument, gratuity or reward or any
    14  money, property or thing of value or of personal advantage, except  such
    15  as  may  be  authorized by law, for doing or omitting to do any official
    16  act, or for performing or omitting to perform any act whatsoever direct-
    17  ly or indirectly related to any matter in respect to which any  duty  or
    18  discretion is by or in pursuance of law imposed upon or vested in him or
    19  her,  or  may be exercised by him or her by virtue of his or her office,
    20  or appointment or employment or his or her actual relation to the matter
    21  including, without limiting the generality of the  foregoing,  approving
    22  or  promoting the passage of legislation or resolutions or the confirma-
    23  tion of appointees, or the conduct of investigations, and a  person  who
    24  shall directly or indirectly offer or make such a transfer to any member
    25  of  the legislature [or], any officer or employee of the legislature, or
    26  any public officer shall be guilty of a felony punishable  by  imprison-
    27  ment  for  not  more  than  ten years or by a fine of not more than five
    28  thousand dollars, or both.
    29    § 5. Section 78 of the public officers law, as amended by chapter  813
    30  of the laws of 1987, is amended to read as follows:
    31    § 78. Certification  of  members, officers and employees. On or before
    32  the tenth day after  any  member,  officer  or  employee  commences  the
    33  performance of his or her duties as such, he or she shall file, with the
    34  secretary of the senate, if a member, officer or employee of that house,
    35  or  with  the clerk of the assembly, if a member, officer or employee of
    36  that house, or with the secretary of state if an officer or employee  of
    37  a  state  agency,  a  certificate  acknowledging  receipt  of  a copy of
    38  sections  seventy-three,  seventy-three-a,  seventy-four,  seventy-five,
    39  seventy-five-b,  seventy-six,  seventy-six-a, seventy-seven and seventy-
    40  eight of this chapter together with such other material as the secretary
    41  of the senate, the clerk of the assembly or the secretary of  state  may
    42  prepare related thereto, that he or she has read the same and undertakes
    43  to  conform  to  the  provisions, purposes and intent thereof and to the
    44  norms of conduct for members, officers and employees of the  legislature
    45  and state agencies.
    46    § 6. This act shall take effect immediately.
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