S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          500
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. HOYLMAN -- 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  S 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  OR  A  RELATIVE,  AND
   10  THEREBY  OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR
   11  A RELATIVE WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS.  A  BENEFIT
   12  IS  DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONG-
   13  FUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS  COMMISSION
   14  OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO
   15  HIS  OR  HER  POSITION, PROVIDED THAT PERSON IS NOT A PARTICIPANT IN THE
   16  ALLEGED WRONGFUL CONDUCT.
   17    UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
   18  S 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
   19    A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING  IN  THE  FIRST  DEGREE
   20  WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
   21  OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
   22  WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
   23  OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
   24  CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF  OR  A  RELATIVE,  AND
   25  THEREBY  OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01860-01-5
       S. 500                              2
    1  A RELATIVE WITH A VALUE IN EXCESS OF TEN THOUSAND DOLLARS. A BENEFIT  IS
    2  DISCLOSED  IF  ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONGFUL
    3  CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS  COMMISSION  OR
    4  (II)  THE  OFFICIAL  RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO
    5  HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A  PARTICIPANT  IN  THE
    6  ALLEGED WRONGFUL CONDUCT.
    7    UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE IS A CLASS C FELONY.
    8    S 2. This act shall take effect immediately.