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Assembly Bill A10708

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A10708 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.30, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2066
2013-2014: A256
2015-2016: A897
2017-2018: A3956
2019-2020: A1226

2009-A10708 - Summary

Includes the use of a governmental agency to harass a person within the crime of aggravated harassment in the second degree.

2009-A10708 - Sponsor Memo

2009-A10708 - Bill Text download pdf 

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

                                  10708

                          I N  A S S E M B L Y

                             April 16, 2010
                               ___________

Introduced  by  M.  of  A.  M. 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 second degree

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

  Section 1. Subdivisions 3, 4 and 5 of section 240.30 of the penal law,
subdivisions  3  and  4 as amended and subdivision 5 as added by chapter
510 of the laws of 2008, are amended to read as follows:
  3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to
physical  contact,  or attempts or threatens to do the same 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; [or]
  4. Commits the crime of harassment in the first degree and has  previ-
ously  been  convicted of the crime of harassment in the first degree as
defined by section 240.25 of  this  article  within  the  preceding  ten
years[.]; OR
  5.  USES A GOVERNMENTAL AGENCY OF THE STATE OR OF ANY POLITICAL SUBDI-
VISION OF THE STATE  TO  HARASS  ANOTHER  PERSON  BY  USING  INFORMATION
OBTAINED  FROM  OR  PERSONNEL  EMPLOYED BY SUCH GOVERNMENTAL AGENCY IN A
MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM TO SUCH OTHER PERSON.
  6. For the purposes of subdivision one of this section, "form of writ-
ten communication" shall include, but not be limited to, a recording  as
defined in subdivision six of section 275.00 of this part.
  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15391-01-0

co-Sponsors

multi-Sponsors

2009-A10708A - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.30, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2066
2013-2014: A256
2015-2016: A897
2017-2018: A3956
2019-2020: A1226

2009-A10708A - Summary

Includes the use of a governmental agency to harass a person within the crime of aggravated harassment in the second degree.

2009-A10708A - Sponsor Memo

2009-A10708A - Bill Text download pdf 

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

                                10708--A

                          I N  A S S E M B L Y

                             April 16, 2010
                               ___________

Introduced  by  M.  of A. M. MILLER, WEISENBERG, COLTON, STIRPE, CASTRO,
  SCARBOROUGH, BURLING -- Multi-Sponsored  by  --  M.  of  A.  BACALLES,
  BARCLAY, CHRISTENSEN, CROUCH, HOOPER, KOON, McENENY, PHEFFER, TOWNSEND
  --  read  once  and  referred  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 second degree

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

  Section 1. Subdivisions 3, 4 and 5 of section 240.30 of the penal law,
subdivisions  3  and  4 as amended and subdivision 5 as added by chapter
510 of the laws of 2008, are amended to read as follows:
  3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to
physical  contact,  or attempts or threatens to do the same 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; [or]
  4. Commits the crime of harassment in the first degree and has  previ-
ously  been  convicted of the crime of harassment in the first degree as
defined by section 240.25 of  this  article  within  the  preceding  ten
years[.]; OR
  5.    EITHER (A) USES OR DISCLOSES CONFIDENTIAL INFORMATION CONCERNING
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) USES PERSONNEL EMPLOYED BY A GOVERNMENTAL  AGENCY  OR  ANY
POLITICAL  SUBDIVISION OF THE STATE OR MUNICIPALITY TO CONTACT OR INTER-
ACT 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15391-03-0

co-Sponsors

multi-Sponsors

2009-A10708B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.30, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2066
2013-2014: A256
2015-2016: A897
2017-2018: A3956
2019-2020: A1226

2009-A10708B (ACTIVE) - Summary

Includes the use of a governmental agency to harass a person within the crime of aggravated harassment in the second degree.

2009-A10708B (ACTIVE) - Bill Text download pdf 

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

                                10708--B

                          I N  A S S E M B L Y

                             April 16, 2010
                               ___________

Introduced  by  M.  of A. M. MILLER, WEISENBERG, COLTON, STIRPE, CASTRO,
  SCARBOROUGH, BURLING -- Multi-Sponsored  by  --  M.  of  A.  BACALLES,
  BARCLAY, CHRISTENSEN, CROUCH, HOOPER, KOON, McENENY, PHEFFER, TOWNSEND
  --  read  once  and  referred  to  the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  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 second degree

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

  Section 1. Subdivisions 3, 4 and 5 of section 240.30 of the penal law,
subdivisions 3 and 4 as amended and subdivision 5 as  added  by  chapter
510 of the laws of 2008, are amended to read as follows:
  3.  Strikes,  shoves,  kicks,  or otherwise subjects another person to
physical contact, or attempts or threatens to do the same 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; [or]
  4.  Commits the crime of harassment in the first degree and has previ-
ously been convicted of the crime of harassment in the first  degree  as
defined  by  section  240.25  of  this  article within the preceding ten
years[.]; 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.

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

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