New York Senate Bill S03160 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3160 2023-2024 Regular Sessions  IN SENATE January 30, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, KENNEDY -- 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 undisclosed self-dealing 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 two new sections 195.30 2 and 195.35 to read as follows: 3 § 195.30 Undisclosed self-dealing in the second degree. 4 A person is guilty of undisclosed self-dealing in the second degree 5 when, being a public servant, he or she intentionally engages in conduct 6 or a course of conduct in his or her official capacity in connection 7 with the award of a public contract or public grant or other effort to 8 obtain or retain public business or public funds that is intended to 9 confer an undisclosed benefit on himself, herself, a spouse, domestic 10 partner, child, parent, or sibling of the public servant, a person with 11 whom a public servant has a business or other financial relationship, or 12 a firm in which the public servant has a present or potential interest 13 and thereby obtains or attempts to obtain a benefit for himself, 14 herself, a spouse, domestic partner, child, parent, or sibling of the 15 public servant, a person with whom a public servant has a business or 16 other financial relationship, or a firm in which the public servant has 17 a present or potential interest with a value in excess of three thousand 18 dollars. A benefit is disclosed if its existence is made known prior to 19 the alleged wrongful conduct to either (i) the relevant state or local 20 ethics commission or (ii) the official responsible for the public serv- 21 ant's appointment to his or her position, provided that person is not a 22 participant in the alleged wrongful conduct. 23 Undisclosed self-dealing in the second degree is a class D felony. 24 § 195.35 Undisclosed self-dealing in the first degree. 25 A person is guilty of undisclosed self-dealing in the first degree 26 when, being a public servant, he or she intentionally engages in conduct EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02771-01-3 
 S. 3160 2 1 or a course of conduct in his or her official capacity in connection 2 with the award of a public contract or public grant or other effort to 3 obtain or retain public business or public funds that is intended to 4 confer an undisclosed benefit on himself, herself, a spouse, domestic 5 partner, child, parent, or sibling of the public servant, a person with 6 whom a public servant has a business or other financial relationship, or 7 a firm in which the public servant has a present or potential interest 8 and thereby obtains or attempts to obtain a benefit for himself, 9 herself, a spouse, domestic partner, child, parent, or sibling of the 10 public servant, a person with whom a public servant has a business or 11 other financial relationship, or a firm in which the public servant has 12 a present or potential interest with a value in excess of ten thousand 13 dollars. A benefit is disclosed if its existence is made known prior to 14 the alleged wrongful conduct to either (i) the relevant state or local 15 ethics commission or (ii) the official responsible for the public serv- 16 ant's appointment to his or her position, provided that person is not a 17 participant in the alleged wrongful conduct. 18 Undisclosed self-dealing in the first degree is a class C felony. 19 § 2. This act shall take effect immediately.