senate Bill S3967A

Includes the use of a governmental agency to harass a person within the crime of harassment in the first degree

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Mar / 2013
    • REFERRED TO CODES
  • 19 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO CODES
  • 19 / Apr / 2013
    • PRINT NUMBER 3967A
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.731
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

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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Bill Details

See Assembly Version of this Bill:
A256A
Versions:
S3967
S3967A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง240.31, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1242, A2066A
2009-2010: S6750B, A10708B

Sponsor Memo

BILL NUMBER:S3967A

TITLE OF BILL: 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

PURPOSE:

To expand upon the definition of aggravated harassment and provide
further provisions in dissuading both the public and governmental
personnel from unlawfully using or disclosing confidential information
with intent to alarm another individual.

SUMMARY OF PROVISIONS:

Section 240.31 of the Penal law is amended with a new subdivision.

EXISTING LAW:

Existing law defines a person guilty of aggravated harassment in the
first degree when an individual is harassed, annoyed, threatened or
alarmed by intent and through the usage of and/or by various forms of
communications, and physical assault based on numerous factors. Such
defined harassment includes verbal abuse, insults and epithets,
intimidation or humiliation.

JUSTIFICATION:

Harassment upon an individual is damaging and unavoidable when another
individual has access to confidential information about the targeted
individual. Claims against the individual can lead to reduced employee
productivity and morale, higher turnover and absenteeism rates, and
significant increases in medical and workers' compensation claims.
Examples of harassment can comprise of a neighbor calling upon a city
departmental agency on another individual to justify a false claim
against that individual, to the placement of false complaints
regarding illegal dumping of resources in to a neighboring reservoir.
For each unfounded claim, an inspector must invest time and effort to
investigate the claim. When an unfounded claim is determined, it
becomes a waste of taxpayer time and money to the residents of New
York and to the investigator.

When someone unlawfully causes personnel employed by a government
agency or any political subdivision of the state or a municipality to
interact with or contact in an official capacity that person, or is an
actual employee of that government agency or political subdivision of
the state or municipality and contacts that person, the person who
unlawfully uses or discloses confidential information concerning the
targeted individual with intent to harass, annoy, threaten or alarm
shall be held liable to a crime of aggravated harassment in the first
degree.

LEGISLATIVE HISTORY:

2011 - 2012: S. 1242 - Passed Senate.

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                 3967--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. Section 240.31 of the penal law, as amended by  chapter  49
of  the  laws of 2006, subdivisions 3 and 4 as amended and subdivision 5
as added by chapter 74 of the laws  of  2008,  is  amended  to  read  as
follows:
S 240.31 Aggravated harassment in the first degree.
  A  person  is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person,  because
of  a belief or perception regarding such person's race, color, national
origin, ancestry, gender, religion, religious practice, age,  disability
or sexual orientation, regardless of whether the belief or perception is
correct, he or she:
  1. Damages premises primarily used for religious purposes, or acquired
pursuant  to section six of the religious corporation law and maintained
for purposes of religious instruction, and the damage  to  the  premises
exceeds fifty dollars; or
  2.  Commits the crime of aggravated harassment in the second degree in
the manner proscribed by the provisions of subdivision three of  section
240.30 of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed  by  the provisions of subdivision three of section 240.30 or
he or she has been previously  convicted  of  the  crime  of  aggravated
harassment in the first degree within the preceding ten years; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00981-04-3

S. 3967--A                          2

  3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited  as  the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of  the
owner or operator of such building or real property;
  4. Sets on fire a cross in public view; or
  5.   EITHER (A) UNLAWFULLY DISCLOSES CONFIDENTIAL INFORMATION CONCERN-
ING THE PERSON HE OR SHE INTENDS TO HARASS, ANNOY,  THREATEN,  OR  ALARM
WHICH  HE  OR  SHE  OBTAINED  FROM  A GOVERNMENT AGENCY OR ANY POLITICAL
SUBDIVISION OF THE STATE OR MUNICIPALITY, IN A MANNER  LIKELY  TO  CAUSE
ANNOYANCE  OR  ALARM;  OR  (B) UNLAWFULLY CAUSES PERSONNEL EMPLOYED BY A
GOVERNMENTAL AGENCY OR ANY POLITICAL SUBDIVISION OF THE STATE OR MUNICI-
PALITY TO CONTACT OR INTERACT WITH THE  PERSON  HE  OR  SHE  INTENDS  TO
HARASS,  ANNOY,  THREATEN, OR ALARM IN AN OFFICIAL CAPACITY, IN A MANNER
LIKELY TO CAUSE ANNOYANCE OR ALARM; OR
  6. Etches, paints, draws upon or otherwise places or displays a noose,
commonly exhibited as a symbol of racism and intimidation, on any build-
ing or other real property, public or private, owned by any person, firm
or corporation or any public agency or instrumentality, without  express
permission of the owner or operator of such building or real property.
  Aggravated harassment in the first degree is a class E felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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