Bill Text: NY S03746 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the crime of official misconduct for sexual intimidation by a public servant; makes it a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S03746 Detail]

Download: New_York-2019-S03746-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3746
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 13, 2019
                                       ___________
        Introduced by Sens. KENNEDY, BENJAMIN -- 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 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.
                                                                   LBD04157-01-9