Assembly Bill A8749

2017-2018 Legislative Session

Relates to harassment through electronic communication

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A8749 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Add §§16 & 50-f, Civ Rts L; add §837-t, Exec L; amd §§240.25, 240.26, 240.50, 240.55, 240.60, 120.55 & 120.60, Pen L; amd §79-n, Civ Rts L; amd §213-c, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A1348
2021-2022: A237

2017-A8749 (ACTIVE) - Summary

Relates to harassment through electronic communication; establishes the office for the prevention of internet crime and harassment; adds electronic communication to the crime of harassment in the first and second degrees; increases the penalties for falsely reporting an incident in the first, second, and third degrees

2017-A8749 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8749
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 25, 2017
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the civil rights law, the executive law, the  penal  law
   and  the  civil  practice  laws  and  rules, in relation to harassment
   through electronic communication; and  to  amend  the  penal  law,  in
   relation to increasing the penalties for falsely reporting an incident
   and stalking
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature hereby declares that in
 order to protect the physical and emotional well-being  of  citizens  to
 the fullest extent, it is necessary to acknowledge and punish harassment
 that occurs through electronic communication.  Technological innovations
 have  resulted  in various platforms for personal sharing, many of which
 are often misused maliciously. Current penal laws are centered  on  harm
 that  occurs  within  a  public  setting, which fails to account for the
 expansive and dynamic nature of modern technology.   Harassment,  intim-
 idation, and other such crimes now occur through many mediums including,
 but not limited to, telephone, e-mail, webcam, and social media.  Though
 virtual  harassment  may  not  directly result in physical injuries, the
 potential threat to one's sense of safety and mental health is  just  as
 concerning. Further, online harassment often leads to offline harassment
 and  violence.  Thus,  it  is  the  responsibility of the legislature to
 ensure that abuses enacted via technology are punished accordingly, just
 as abuses enacted in person are.
   § 2. The civil rights law is amended by adding a  new  section  16  to
 read as follows:
   § 16. PROTECTION OF RIGHTS. IT IS UNLAWFUL FOR ANY PERSON TO WILLFULLY
 INJURE,  INTIMIDATE  OR INTERFERE WITH, OR ATTEMPT TO INJURE, INTIMIDATE
 OR INTERFERE WITH, OR OPPRESS OR THREATEN ANY OTHER PERSON IN THE  EXER-
 CISE  OF ANY RIGHT SECURED BY THE CONSTITUTION OR LAWS OF NEW YORK STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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