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A10128 Summary:

A10128 Actions:

A10128 Floor Votes:

A10128 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10128
 
                   IN ASSEMBLY
 
                                      June 16, 2014
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein,
          Lentol) -- (at request of the Governor) -- read once and  referred  to
          the Committee on Codes
 
        AN  ACT  to  amend  the  penal law and the executive law, in relation to
          aggravated harassment in the second degree
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1. Section 240.30 of the penal law, as amended by chapter 510
     2  of the laws of 2008, subdivision 4 as added and subdivisions 5 and 6  as
     3  renumbered by section 4 of part D of chapter 491 of the laws of 2012, is
     4  amended to read as follows:
     5  § 240.30 Aggravated harassment in the second degree.
     6    A  person  is  guilty  of  aggravated  harassment in the second degree
     7  when[, with intent to harass, annoy, threaten or alarm  another  person,
     8  he or she]:
     9    1. [Either] With intent to harass another person, the actor either:
    10    (a)  communicates  [with a person], anonymously or otherwise, by tele-
    11  phone, by [telegraph,] computer or any other  electronic  means,  or  by

    12  mail,  or  by  transmitting  or  delivering  any other form of [written]
    13  communication, [in a manner likely to cause annoyance or alarm] a threat
    14  to cause physical harm to, or unlawful harm to  the  property  of,  such
    15  person, or a member of such person's same family or household as defined
    16  in  subdivision one of section 530.11 of the criminal procedure law, and
    17  the actor knows or reasonably should know that such  communication  will
    18  cause  such  person  to  reasonably  fear harm to such person's physical
    19  safety or property, or to the physical safety or property of a member of
    20  such person's same family or household; or
    21    (b) causes a communication to be initiated [by mechanical or electron-

    22  ic means or otherwise with a person,] anonymously or otherwise, by tele-
    23  phone, by [telegraph,] computer or any other  electronic  means,  or  by
    24  mail,  or  by  transmitting  or  delivering  any other form of [written]
    25  communication, [in a manner likely to cause annoyance or alarm] a threat
    26  to cause physical harm to, or unlawful harm to  the  property  of,  such
    27  person, a member of such person's same family or household as defined in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12102-01-4
        A. 10128                            2
 

     1  subdivision one of section 530.11 of the criminal procedure law, and the
     2  actor knows or reasonably should know that such communication will cause
     3  such  person to reasonably fear harm to such person's physical safety or
     4  property,  or  to  the  physical  safety or property of a member of such
     5  person's same family or household; or
     6    2. [Makes] With intent to harass or threaten another person, he or she
     7  makes a telephone call, whether or not a conversation  ensues,  with  no
     8  purpose of legitimate communication; or
     9    3.  [Strikes]  With  the  intent  to  harass, annoy, threaten or alarm
    10  another person, he or she strikes, shoves, kicks, or otherwise  subjects
    11  another  person  to physical contact, or attempts or threatens to do the

    12  same because of a belief or perception  regarding  such  person's  race,
    13  color,  national origin, ancestry, gender, religion, religious practice,
    14  age, disability or sexual orientation, regardless of whether the  belief
    15  or perception is correct; or
    16    4.  [Strikes]  With  the  intent  to  harass, annoy, threaten or alarm
    17  another person, he or she strikes, shoves, kicks or  otherwise  subjects
    18  another  person  to  physical contact thereby causing physical injury to
    19  such person or to a family or household member of such person as defined
    20  in section 530.11 of the criminal procedure law[.]; or
    21    5. [Commits] He or she commits the crime of harassment  in  the  first
    22  degree  and  has previously been convicted of the crime of harassment in

    23  the first degree as defined by section 240.25 of this article within the
    24  preceding ten years.
    25    [6. For the purposes of subdivision one  of  this  section,  "form  of
    26  written communication" shall include, but not be limited to, a recording
    27  as defined in subdivision six of section 275.00 of this part.]
    28    Aggravated harassment in the second degree is a class A misdemeanor.
    29    § 2. Subdivision 12 of section 631 of the executive law, as amended by
    30  chapter 534 of the laws of 2011, is amended to read as follows:
    31    12.  Notwithstanding the provisions of subdivisions one, two and three
    32  of this section, an individual who was a victim of either the  crime  of
    33  menacing  in the second degree as defined in subdivision two or three of
    34  section 120.14 of the penal law, menacing in the first degree as defined

    35  in section 120.13 of the penal law, criminal obstruction of breathing or
    36  blood circulation as defined in section 121.11 of the penal law, harass-
    37  ment in the second degree as defined in  subdivision  two  or  three  of
    38  section  240.26  of  the  penal  law,  harassment in the first degree as
    39  defined in section 240.25 of the penal law, aggravated harassment in the
    40  second degree as defined in subdivision [four] five of section 240.30 of
    41  the penal law, aggravated harassment in the first degree as  defined  in
    42  subdivision two of section 240.31 of the penal law, criminal contempt in
    43  the first degree as defined in paragraph (ii) or (iv) of subdivision (b)
    44  or  subdivision  (c)  of section 215.51 of the penal law, or stalking in
    45  the fourth, third, second or first degree as defined in sections 120.45,
    46  120.50, 120.55 and 120.60 of the penal law, respectively,  who  has  not

    47  been  physically  injured as a direct result of such crime shall only be
    48  eligible for an award that includes loss  of  earning  or  support,  the
    49  unreimbursed cost of repair or replacement of essential personal proper-
    50  ty  that  has been lost, damaged or destroyed as a direct result of such
    51  crime, the  unreimbursed  cost  for  security  devices  to  enhance  the
    52  personal protection of such victim, transportation expenses incurred for
    53  necessary  court  expenses  in  connection  with the prosecution of such
    54  crime, the unreimbursed costs of counseling provided to such  victim  on
    55  account  of  mental  or  emotional stress resulting from the incident in
        A. 10128                            3
 
     1  which the crime occurred, reasonable relocation expenses, and for  occu-
     2  pational or job training.
     3    § 3. This act shall take effect immediately.