A01226 Summary:

BILL NOA01226
 
SAME ASNo Same As
 
SPONSORMiller MG
 
COSPNSR
 
MLTSPNSR
 
Amd 240.31, Pen L
 
Includes the use of a governmental agency to harass a person within the crime of aggravated harassment in the first degree.
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A01226 Actions:

BILL NOA01226
 
01/14/2019referred to codes
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A01226 Committee Votes:

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A01226 Floor Votes:

There are no votes for this bill in this legislative session.
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A01226 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1226
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to including  the  use  of  a
          governmental  agency to harass a person within the crime of aggravated
          harassment in the first degree

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 240.31 of the penal law, as amended by chapter 49
     2  of the laws of 2006, subdivisions 3 and 4 as amended and  subdivision  5
     3  as  added  by  chapter  74  of  the  laws of 2008, is amended to read as
     4  follows:
     5  § 240.31 Aggravated harassment in the first degree.
     6    A person is guilty of aggravated harassment in the first  degree  when
     7  with  intent to harass, annoy, threaten or alarm another person, because
     8  of a belief or perception regarding such person's race, color,  national
     9  origin,  ancestry, gender, religion, religious practice, age, disability
    10  or sexual orientation, regardless of whether the belief or perception is
    11  correct, he or she:
    12    1. Damages premises primarily used for religious purposes, or acquired
    13  pursuant to section six of the religious corporation law and  maintained
    14  for  purposes  of  religious instruction, and the damage to the premises
    15  exceeds fifty dollars; or
    16    2. Commits the crime of aggravated harassment in the second degree  in
    17  the  manner proscribed by the provisions of subdivision three of section
    18  240.30 of this article and has been previously convicted of the crime of
    19  aggravated harassment in the second degree for the commission of conduct
    20  proscribed by the provisions of subdivision three of section  240.30  of
    21  this  article or he or she has been previously convicted of the crime of
    22  aggravated harassment in the  first  degree  within  the  preceding  ten
    23  years; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00327-01-9

        A. 1226                             2
 
     1    3. Etches, paints, draws upon or otherwise places a swastika, commonly
     2  exhibited  as  the emblem of Nazi Germany, on any building or other real
     3  property, public or private, owned by any person, firm or corporation or
     4  any public agency or instrumentality, without express permission of  the
     5  owner or operator of such building or real property;
     6    4. Sets on fire a cross in public view; or
     7    5.   Either (a) unlawfully discloses confidential information concern-
     8  ing the person he or she intends to harass, annoy,  threaten,  or  alarm
     9  which  he  or  she  obtained  from  a government agency or any political
    10  subdivision of the state or municipality, in a manner  likely  to  cause
    11  annoyance  or  alarm;  or  (b) unlawfully causes personnel employed by a
    12  governmental agency or any political subdivision of the state or munici-
    13  pality to contact or interact with the  person  he  or  she  intends  to
    14  harass,  annoy,  threaten, or alarm in an official capacity, in a manner
    15  likely to cause annoyance or alarm; or
    16    6. Etches, paints, draws upon or otherwise places or displays a noose,
    17  commonly exhibited as a symbol of racism and intimidation, on any build-
    18  ing or other real property, public or private, owned by any person, firm
    19  or corporation or any public agency or instrumentality, without  express
    20  permission of the owner or operator of such building or real property.
    21    Aggravated harassment in the first degree is a class E felony.
    22    § 2. This act shall take effect on the first of November next succeed-
    23  ing the date on which it shall have become a law.
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