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.
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
