A06175 Summary:

BILL NO    A06175 

SAME AS    No same as 

SPONSOR    Tedisco (MS)

COSPNSR    McDonough

MLTSPNSR   Hawley, Kolb

Add S240.33, Pen L

Creates the crime of aggravated harassment of a family member of a person in
active military service of the United States and makes such crime a class E
felony.
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A06175 Actions:

BILL NO    A06175 

03/15/2013 referred to codes
01/08/2014 referred to codes
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A06175 Votes:

There are no votes for this bill in this legislative session.
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A06175 Memo:

BILL NUMBER:A6175

TITLE OF BILL:  An act to amend the penal law, in relation to creating
the  crime  of aggravated harassment of a family member of a person in
active military service

PURPOSE OR GENERAL IDEA OF BILL:
Creates the crime of aggravated harassment of a  family  member  of  a
person in active military service.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The penal law is amended by adding a new section 240.33.

1. A person is guilty of aggravated harassment of a family member of a
person  in active military service when, with intent to harass, annoy,
threaten or alarm another person, he or she either:

a) communicates with a person, who at the time of communication, has a
family  member  in  active  military  service  of  the  United  States
anonymously  or otherwise, by telephone, or by telegraph, mail, or any
other form of written communication,  in  a  manner  likely  to  cause
annoyance  or  alarm  and  such  communication relates to the military
service of such person's family member, or

b) causes a communication to be initiated by mechanical or  electronic
means or otherwise with a person, who at the time of communication has
a  family  member  in  active  military  service  of the United States
anonymously or otherwise, by telephone, or by telegraph, mail, or  any
other  form  of  written  communication,  in  a manner likely to cause
annoyance or alarm and such  communication  relates  to  the  military
service of such person's family member.

2. Family member means husband, wife, son, daughter, father, mother of
a person. Aggravated harassment shall be a class E felony.

JUSTIFICATION:
This  bill  would  make  the  crime of aggravated harassment a class E
felony, punishable by 1 1/3 to 4 years in prison. Making a call,  with
intent to harass, annoy, threaten or alarm, which starts a rumor about
a  service  member's death, injury or capture, is cruel and heartless.
Individuals who knowingly and purposely make calls  falsely  reporting
these  events  should be punished. Our service men and women represent
the best of what we, as a nation, have to offer.  Their  families  and
loved  ones face enough pain and anxiety just knowing that they are in
harm's way in a foreign country, putting  their  lives  on  the  line.
These  families  need to be protected from those who would create such
devastating emotional pain through false reports.

PRIOR LEGISLATIVE HISTORY:

2012: A.1510; Held for consideration in codes
2011: A.1510; Referred to Codes
2010: A.10513; Referred to Codes
2008: A.5352; Held for consideration in Codes
2007: A.5352; Referred to Codes
2006: A.2907; Held for consideration in Codes
2005: A.2907; Referred to Codes


2004: A.10754; Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On  the  first  of November next succeeding the date on which it shall
have become law.
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A06175 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6175

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 15, 2013
                                      ___________

       Introduced by M. of A. TEDISCO, McDONOUGH -- Multi-Sponsored by -- M. of
         A. HAWLEY, KOLB -- read once and referred to the Committee on Codes

       AN  ACT  to  amend  the  penal law, in relation to creating the crime of
         aggravated harassment of a family member of a person in  active  mili-
         tary service

         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 240.33  to
    2  read as follows:
    3  S  240.33 AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A PERSON IN ACTIVE
    4             MILITARY SERVICE.
    5    1. A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A FAMILY MEMBER OF A
    6  PERSON IN ACTIVE MILITARY SERVICE WHEN, WITH INTENT  TO  HARASS,  ANNOY,
    7  THREATEN OR ALARM ANOTHER PERSON, HE OR SHE EITHER:
    8    (A)  COMMUNICATES  WITH A PERSON, WHO AT THE TIME OF THE COMMUNICATION
    9  HAS A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES,  AS
   10  SUCH TERM IS DEFINED IN  SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY OR
   11  OTHERWISE,  BY  TELEPHONE,  OR  BY  TELEGRAPH, MAIL OR ANY OTHER FORM OF
   12  WRITTEN COMMUNICATION, IN A MANNER LIKELY TO CAUSE  ANNOYANCE  OR  ALARM
   13  AND  SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH PERSON'S
   14  FAMILY MEMBER; OR
   15    (B) CAUSES A COMMUNICATION TO BE INITIATED BY MECHANICAL OR ELECTRONIC
   16  MEANS OR OTHERWISE WITH A PERSON, WHO AT THE TIME OF  THE  COMMUNICATION
   17  HAS  A FAMILY MEMBER IN ACTIVE MILITARY SERVICE OF THE UNITED STATES, AS
   18  SUCH TERM IS DEFINED IN SECTION ONE OF THE MILITARY LAW, ANONYMOUSLY  OR
   19  OTHERWISE,  BY  TELEPHONE,  OR  BY  TELEGRAPH, MAIL OR ANY OTHER FORM OF
   20  WRITTEN COMMUNICATION, IN A MANNER LIKELY TO CAUSE  ANNOYANCE  OR  ALARM
   21  AND  SUCH COMMUNICATION RELATES TO THE MILITARY SERVICE OF SUCH PERSON'S
   22  FAMILY MEMBER.
   23    2. FOR THE  PURPOSES  OF  THIS  SECTION,  "FAMILY  MEMBER"  MEANS  THE
   24  HUSBAND, WIFE, SON, DAUGHTER, FATHER OR MOTHER OF A PERSON.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05783-01-3
       A. 6175                             2

    1    AGGRAVATED  HARASSMENT  OF A FAMILY MEMBER OF A PERSON IN ACTIVE MILI-
    2  TARY SERVICE IS A CLASS E FELONY.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.
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