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

                                 256--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. MILLER -- Multi-Sponsored by -- M. of A. BARCLAY,
  COLTON,  CROUCH,  HOOPER,  SCARBOROUGH,  WEISENBERG  --  read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 first degree

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

  Section  1.  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
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. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and  maintained
for  purposes  of  religious instruction, and the damage to the premises
exceeds fifty dollars; or
  2. 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 commission of conduct
proscribed by the provisions of subdivision three of section  240.30  or

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

                                                           LBD00981-03-3

A. 256--A                           2

he  or  she  has  been  previously  convicted of the crime of aggravated
harassment in the first degree within the preceding ten years; or
  3. 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. Sets on fire a cross in public view; 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; OR
  6. Etches, paints, draws upon or otherwise places or displays a noose,
commonly exhibited as a symbol of racism and intimidation, on any build-
ing 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.
  Aggravated harassment in the first degree is a class E felony.
  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.