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

                                  2946

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by M. of A. KOLB, ALFANO, FINCH, McKEVITT, MOLINARO, WALKER,
  ERRIGO -- Multi-Sponsored by -- M. of  A.  BARCLAY,  CALHOUN,  CROUCH,
  GABRYSZAK,  HAWLEY,  OAKS, WEISENBERG -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to obstructing telephonic  or
  electronic communication for immediate assistance

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

  Section 1. The penal law is amended by adding a new section 270.18  to
read as follows:
S 270.18 OBSTRUCTING  A TELEPHONIC OR ELECTRONIC COMMUNICATION FOR IMME-
           DIATE ASSISTANCE.
  1. A PERSON IS GUILTY OF OBSTRUCTING A TELEPHONIC OR ELECTRONIC COMMU-
NICATION FOR IMMEDIATE ASSISTANCE WHEN, WITH INTENT TO DELAY OR  PREVENT
A PERSON FROM SEEKING IMMEDIATE ASSISTANCE FROM A 911 OR OTHER EMERGENCY
SERVICE,  OR  WITH  INTENT  TO  DELAY OR PREVENT A PERSON WHO REASONABLY
FEARS IMMINENT PHYSICAL INJURY OR PROPERTY DAMAGE FROM SEEKING IMMEDIATE
ASSISTANCE, HE OR SHE:
  (A) KNOWINGLY IMPEDES, OBSTRUCTS OR PREVENTS SUCH PERSON FROM INITIAT-
ING A TELEPHONIC OR ELECTRONIC COMMUNICATION FOR  IMMEDIATE  ASSISTANCE;
OR
  (B) KNOWINGLY DISRUPTS OR TERMINATES A TELEPHONIC OR ELECTRONIC COMMU-
NICATION FOR IMMEDIATE ASSISTANCE INITIATED BY SUCH PERSON; OR
  (C)  KNOWINGLY REMOVES, DAMAGES, OR DISABLES EQUIPMENT OTHERWISE CAPA-
BLE OF INITIATING A TELEPHONIC OR ELECTRONIC COMMUNICATION.
  2. FOR PURPOSES OF THIS SECTION:
  (A) THE TERM "TELEPHONIC COMMUNICATION" MEANS TELEPHONIC COMMUNICATION
AS DEFINED IN SUBDIVISION THREE OF SECTION 250.00 OF THIS CHAPTER.
  (B) THE TERM "ELECTRONIC COMMUNICATION" MEANS ANY TRANSFER  OF  SIGNS,
SIGNALS,  WRITING,  IMAGES,  SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03851-01-9

              

A. 2946                             2

TRANSMITTED IN WHOLE OR PART BY A WIRE, RADIO, ELECTROMAGNETIC,  PHOTOE-
LECTRONIC OR PHOTO-OPTICAL SYSTEM.
  OBSTRUCTING  A  TELEPHONIC  OR  ELECTRONIC COMMUNICATION FOR IMMEDIATE
ASSISTANCE IS A CLASS A MISDEMEANOR.
  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.