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A05105 Summary:

BILL NOA05105
 
SAME ASNo Same As
 
SPONSORSeawright
 
COSPNSR
 
MLTSPNSR
 
Add §195.01, Pen L
 
Relates to the crime of official misconduct for sexual harassment for members of the New York state legislature; makes it a class A misdemeanor.
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A05105 Memo:

NEW 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.
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A05105 Text:



 
                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
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