STATE OF NEW YORK
________________________________________________________________________
1242
2011-2012 Regular Sessions
IN SENATE
January 6, 2011
___________
Introduced by Sens. ADDABBO, PARKER -- read twice and ordered printed,
and when printed to be committed 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 second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3, 4 and 5 of section 240.30 of the penal law,
2 subdivisions 3 and 4 as amended and subdivision 5 as added by chapter
3 510 of the laws of 2008, are amended to read as follows:
4 3. Strikes, shoves, kicks, or otherwise subjects another person to
5 physical contact, or attempts or threatens to do the same because of a
6 belief or perception regarding such person's race, color, national
7 origin, ancestry, gender, religion, religious practice, age, disability
8 or sexual orientation, regardless of whether the belief or perception is
9 correct; [or]
10 4. Commits the crime of harassment in the first degree and has previ-
11 ously been convicted of the crime of harassment in the first degree as
12 defined by section 240.25 of this article within the preceding ten
13 years[.]; or
14 5. Either (a) unlawfully discloses confidential information concern-
15 ing the person he or she intends to harass, annoy, threaten, or alarm
16 which he or she obtained from a government agency or any political
17 subdivision of the state or municipality, in a manner likely to cause
18 annoyance or alarm; or (b) unlawfully causes personnel employed by a
19 governmental agency or any political subdivision of the state or munici-
20 pality to contact or interact with the person he or she intends to
21 harass, annoy, threaten, or alarm in an official capacity, in a manner
22 likely to cause annoyance or alarm.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02019-01-1
S. 1242 2
1 6. For the purposes of subdivision one of this section, "form of writ-
2 ten communication" shall include, but not be limited to, a recording as
3 defined in subdivision six of section 275.00 of this part.
4 § 2. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.
