Here is Better Laws-Part 1
To Andrew Cuomo, others running for Statewide Office, NY Assembly and NY Senate, NYT:
We,the People,demand tough law to stop NY government corruption. NY penal law for Official Misconduct copied here has a misdemeanor penalty, which is oft bargained down. Corruption prosecuted in NY under federal law is usually for felonies. We, the People, want a Better Law.
NY Judges may believe they're immune from law for acts on the bench, but they are mistaken. The NY Constitution's Bill of Rights, offers no immunity from indictment by any law, whether by legislative action or judicial proclamation. We, the People, demand to clarify judicial penal liability for official misconduct.
NY Constitution, Bill of Rights § 6
"The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law."
Old version of Penal Law: § 195.00 Official misconduct. A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office. Official misconduct is a class A misdemeanor.
A "Better" Penal Law (changes in red): § 195.00 Official misconduct.
A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
3. Judges, judicial employees, employees of all NY State entities under judicial supervision and the Commission on Judicial Conduct are included as public servants under this law.
Official misconduct is a class C felony.
Career politicians and career judges mayn't want strict corruption laws, because they and/or their relatives, friends, contributors, etc. could be targets.
Are you with us Andrew Cuomo? And you, Senator or Assembly Member? NYT?
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