A05105 Summary:
BILL NO | A05105 |
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SAME AS | No Same As |
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SPONSOR | Seawright |
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COSPNSR | |
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MLTSPNSR | |
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Add §195.01, Pen L | |
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Relates to the crime of official misconduct for sexual harassment for members of the New York state legislature; makes it a class A misdemeanor. |
A05105 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A5105 SPONSOR: Seawright
  TITLE OF BILL: An act to amend the penal law, in relation to the crime of official misconduct for sexual harassment by a member of the state legislature   PURPOSE OR GENERAL IDEA OF BILL: Amends the penal law to add a new section 195.01 to include sexual harassment by a member of the New York State Legislature to be a crime of official misconduct, punishable as a class A misdemeanor.   SUMMARY OF PROVISIONS: Section 1 amends the Penal. Code to classify sexual harassment by a member of the State Legislature as an act of Official Misconduct, which is a class A misdemeanor. "Sexual harassment" is defined as making unwelcome or unwanted sexual advances, requesting sexual favors in exchange for favorable treatment or continued employment, engaging in verbal or physical conduct of a sexual nature which is made a term or condition of employment, or using the refusal or acceptance of such advances as the basis for employment decisions. The definition also includes any type of sexually oriented conduct that is unwelcome and has the purpose or effect of unreasonably interfering with any employee's work performance or creating a work environment that is intimidating, hostile, offensive or coercive to a reasonable person. Sexual harassment is not limited to male-female interactions. Section 2 is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Non-applicable   JUSTIFICATION: Accusations of sexual harassment and misconduct have finally taken a prominent place in the national dialogue, with new allegations emerging almost daily. Unfortunately, it has been proven that no industry, public or private, is immune, including legislative offices. New Yorkers place the utmost confidence in the people they cast their ballots for, and expect them to conduct themselves with dignity and respect. Elected officials should be held to the highest standards, and in the event they use their positions of power to exploit and victimize their subordi- nates, they should be punished. This behavior is a significant betrayal of the public trust, and those who engage in these actions must be held accountable. The New York State Legislature has the opportunity to be an example for other entities and organizations by implementing a zero tolerance policy for sexual harassment and assault, no matter the title or office of the offender.   PRIOR LEGISLATIVE HISTORY: 2018: A10464 (Seawright)/ S7176 (Kennedy) Referred to Assembly and Senate Committees on Codes.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately.
A05105 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5105 2023-2024 Regular Sessions IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. SEAWRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the crime of official misconduct for sexual harassment by a member of the state legislature 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, while serving 6 as a member of the New York state legislature. For purposes of this 7 section, "sexual harassment" shall be defined as making unwelcome or 8 unwanted sexual advances, requesting sexual favors in exchange for 9 favorable treatment or continued employment, engaging in verbal or phys- 10 ical conduct of a sexual nature which is made a term or condition of 11 employment, or using the refusal or acceptance of such advances as the 12 basis for employment decisions. "Sexual harassment" shall also include 13 any type of sexually oriented conduct that is unwelcome and has the 14 purpose or effect of unreasonably interfering with an employee's work 15 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 Official misconduct for sexual harassment is a class A misdemeanor. 19 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00398-01-3