S T A T E   O F   N E W   Y O R K
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                                  3303

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2009
                               ___________

Introduced  by  M.  of  A.  EDDINGTON,  GALEF,  COLTON  -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to increasing  penalties  for
  certain bomb and gun threats

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

  Section 1. Subdivision 1 of  section  240.30  of  the  penal  law,  as
amended  by  chapter  510  of  the  laws  of 2008, is amended to read as
follows:
  1. [Either] EXCEPT AS PROVIDED IN SUBDIVISION ONE OF SECTION 240.31 OF
THIS ARTICLE, EITHER (a) communicates  with  a  person,  anonymously  or
otherwise, by telephone, by telegraph, or by mail, or by transmitting or
delivering  any  other form of written communication, in a manner likely
to cause annoyance or alarm; or
  (b) causes a communication to be initiated by mechanical or electronic
means or otherwise with a person, anonymously  or  otherwise,  by  tele-
phone,  by  telegraph,  or by mail, or by transmitting or delivering any
other form of written communication, in a manner likely to cause  annoy-
ance or alarm; or
  S  2. 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:
1.  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.]  (A)  Damages  premises primarily used for religious purposes, or
acquired pursuant to section six of the religious  [corporation]  CORPO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04599-01-9
              

A. 3303                             2

RATIONS  law  and  maintained for purposes of religious instruction, and
the damage to the premises exceeds fifty dollars; or
  [2.]  (B)  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  commis-
sion  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
  [3.] (C) 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.] (D) Sets on fire a cross in public view; [or]
  [5.] (E) Etches, paints, draws upon or otherwise places or displays  a
noose, commonly exhibited as a symbol of racism and intimidation, 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; OR
  2.  WITH INTENT TO THREATEN OR ALARM ANOTHER PERSON HE OR SHE COMMUNI-
CATES A BOMB OR GUN THREAT TO AN EDUCATIONAL INSTITUTION  BY  WAY  OF  A
MECHANICAL  OR  ELECTRONIC MEANS, EITHER IN PERSON OR THROUGH THE USE OF
TELEPHONE, MAIL, E-MAIL OR ANY OTHER FORM OF WRITTEN COMMUNICATION, IN A
MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM. AS USED IN  THIS  SUBDIVISION
EDUCATIONAL  INSTITUTION  SHALL  MEAN  AND  INCLUDE  ELEMENTARY SCHOOLS,
JUNIOR HIGH SCHOOLS, SECONDARY SCHOOLS OR INSTITUTIONS OF HIGHER  EDUCA-
TION.
  Aggravated harassment in the first degree is a class E felony.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.