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Senate bill · S9040 (2025-26)

Includes public officers or employees of the federal government within the definition of public servant

Latest action Jun 4, 2026

New York State Senate

Same as A10109, the matching bill in the Assembly.

Sponsor

Michelle Hinchey

State Senator, District 41 · Democratic/Working Families

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Summary

Includes public officers or employees of the federal government within the definition of public servant for purposes of the penal law.

Summary from NY Open Legislation. How we handle summaries

Amends the Penal Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 20, 2026. About our data

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Purpose, from the sponsor's memo

To hold federal officials to the same standards of conduct as state officials in relation to criminal acts such as official misconduct, bribery, or corrupting the government.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

The sponsor's argument

Why Michelle Hinchey says this is needed

State anti-corruption laws have been designed and modified over time to provide criminal penalties for elected officials or staff who violate the public trust through acts like accepting bribes or otherwise abusing the power of their office. The applicability of these laws typically depends on the manner in which the state defines "public servant" or "public official." In some states, such as New York, this is limited to officers or employees of the state or its political subdivisions, such as counties or towns. However, several states including Colorado, India- na, and Maine also include officers or employees of the federal govern- ment in their statutes. New Yorkers should be able to trust their public officers to uphold legal and ethical standards whether they serve in State or Federal government. Voters often choose their state legislators, statewide electeds, and Members of Congress on the same ballots, and rely on their trustworthiness to the same degree. State and federal officials interact regularly, advocate for and against similar issues, and public corruption by federal officials can impact state policy and vice versa. While State electeds are of course subject to federal law, New York's good government statutes do not hold our federal electeds to the same penal law rules as our state officials. This bill would expand the defi- nition of "public servant" in the penal law to hold our state's federal officials, such as our US Senators and Representatives, to the same statutory conduct requirements as state officials.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 4, 2026Result: passed

    (38) (22) (0) (3)
  • Vote: Committee vote · Codes

    Senate CodesMay 18, 2026Result: passed

    (10) (3) (0) (0)

Full history

  1. Jun 4, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Jun 4, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Jun 4, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  4. May 20, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. May 19, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

Show full history (3 earlier events)
  1. May 18, 2026

    1ST Report CAL.1145

    1ST REPORT CAL.1145

    NY Senate

  2. Feb 2, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  3. Jan 27, 2026

    Referred to committee

    REFERRED TO CODES

    NY Senate