senate Bill S5604

Provides that aggravated harassment in the second degree of a judge is a class E felony

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Sponsor

Bill Status


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

  • 24 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Provides that aggravated harassment in the second degree is a class E felony if the victim of such harassment is a judge.

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Bill Details

See Assembly Version of this Bill:
A5557
Versions:
S5604
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง240.30, Pen L

Sponsor Memo

BILL NUMBER:S5604

TITLE OF BILL:
An act
to amend the penal law, in relation to providing that aggravated
harassment in the second degree of a judge is a class E felony

SUMMARY PROVISIONS
If a Judge is victim of harassment according to section 240.30 of the
penal law, as amended by chapter 510 of the laws of 2008,the
perpetrator. would be subject to aggravated harassment in the second
degree which would be a class E felony.

EFFECTS OF PRESENT LAW WHICH THIS SILL WOULD ALTER:
The closing paragraph of section 240.30 of the penal law, as amended
by chapter 510 of the laws of 2008, is amended to read as follows:
Aggravated harassment in the second degree is a class A misdemeanor;
provided, however, that if the victim of such harassment is a judge
then such aggravated harassment in the second degree is a class E
felony.

JUSTIFICATION: Judges have had to endure countless
verbal attacks on
their person on the part of people that are upset about. a ruling or.
sentence handed down. Judges have also received threatening notes,
emails, and phone calls with little or no ability to respond and
retain order or decorum in the courts, this amendment. would allow
the Courts to curtail such negative behavior directed at Judges, the
perpetrator would be charged with a class E felony.

PRIOR LEGISLATIVE.HISTORY: None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5604

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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 providing that  aggravated
  harassment in the second degree of a judge is a class E felony

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The closing paragraph of section 240.30 of the  penal  law,
as  amended  by  chapter  510 of the laws of 2008, is amended to read as
follows:
  Aggravated harassment in the second degree is a class  A  misdemeanor;
PROVIDED, HOWEVER, THAT IF THE VICTIM OF SUCH HARASSMENT IS A JUDGE THEN
SUCH AGGRAVATED HARASSMENT IN THE SECOND DEGREE IS A CLASS E FELONY.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09191-01-3

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