STATE OF NEW YORK ________________________________________________________________________ 3746--A 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 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the penal law, in relation to official misconduct for sexual intimidation 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 intimidation. 4 A public servant is guilty of official misconduct for sexual intim- 5 idation when he or she commits the act of sexual intimidation as defined 6 in this section. For purposes of this section, the following terms shall 7 have the following meanings: 8 (a) "Sexual intimidation" shall mean making unwelcome or unwanted 9 sexual advances, requesting sexual favors in exchange for favorable 10 treatment or continued employment, engaging in verbal or physical 11 conduct of a sexual nature which is made a term or condition of employ- 12 ment, or which is used as the basis for employment decisions. "Sexual 13 intimidation" shall also include any type of sexual oriented conduct 14 that is unwelcome and has the purpose or effect of unreasonably inter- 15 fering with an employee's work performance or creating a work environ- 16 ment that is intimidating, hostile, offensive or coercive to a reason- 17 able person. "Sexual intimidation" shall not be limited to male-female 18 interaction. 19 (b) "Public servant" shall be defined as (i) any public officer or 20 employee of the state or of any political subdivision thereof or of any 21 governmental instrumentality within the state, or (ii) any person exer- 22 cising the functions of any such public officer or employee. The term EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04157-02-9S. 3746--A 2 1 public servant shall include a person who has been elected or designated 2 to become a public servant. 3 Official misconduct for sexual intimidation is a class A misdemeanor. 4 § 2. This act shall take effect immediately.