Bill Text: NY A06320 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2019-03-05 - referred to governmental operations [A06320 Detail]

Download: New_York-2019-A06320-Introduced.html


                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.
feedback