senate Bill S3621

2011-2012 Legislative Session

Provides for etching, painting, drawing or otherwise making a hangman's noose on property without permission of the owner a class E felony

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 28, 2011 referred to codes

S3621 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง240.31, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S710

S3621 - Bill Texts

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Makes etching, painting, drawing or otherwise making a hangman's noose on property without permission of the owner a class E felony.

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BILL NUMBER:S3621

TITLE OF BILL:
An act
to amend the penal law, in relation to aggravated harassment in the
first degree

PURPOSE:
To increase the penalties for using a noose with the intent to harass,
annoy, threaten or alarm another person.

SUMMARY OF PROVISIONS:
Amends Section 240.31 of the penal law by amending subdivision 3.

JUSTIFICATION:
There have been several recent documented incidents of nooses around
the United States including the "Jena 6 "case, in Louisana and two
right here in New York -- At present if a person merely hangs a noose
on someone's door or property they cannot be charged with a crime.
Because of our nation's history, those within the African American
culture have considered the noose as a symbol of both hate and
intimidation and a way of threatening and terrorizing those of
African American decent.

As with the response to past incidents involving swastikas and burning
crosses, the Legislature amended the Penal Law to make the use of
those symbols a crime when used with the intent to harass, annoy,
intimidate or otherwise threaten another individual. This legislation
makes it clear that employing a symbol of hate such as a hangman's
noose also will not be allowed making such an act a class E felony
under New York State's aggravated harassment statute.

LEGISLATIVE HISTORY:
S.710 (2010) Referred to Codes
S.6511 2007-08
10/19/07 Referred to Rules
01/09/08 Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
Immediately.

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

                                  3621

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 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. Subdivision 3 of  section  240.31  of  the  penal  law,  as
amended  by  chapter  74  of  the  laws  of  2008, is amended to read as
follows:
  3. Etches, paints, draws upon, DISPLAYS or otherwise places a  swasti-
ka,  commonly  exhibited  as  the emblem of Nazi Germany, OR A HANGMAN'S
NOOSE, on any building or other real property, public or private,  owned
by any person, firm or corporation or any public agency or instrumental-
ity,  without express permission of the owner or operator of such build-
ing or real property;
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07529-01-1

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