S T A T E O F N E W Y O R K
________________________________________________________________________
3119
2019-2020 Regular Sessions
I N S E N A T E
February 4, 2019
___________
Introduced by Sen. ADDABBO -- 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 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. Subdivisions 2 and 5 of section 240.31 of the penal law,
subdivision 2 as amended by chapter 49 of the laws of 2006 and subdivi-
sion 5 as added by chapter 74 of the laws of 2008, are amended to read
as follows:
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 OF
THIS ARTICLE or he or she has been previously convicted of the crime of
aggravated harassment in the first degree within the preceding ten
years; or
5. EITHER (A) UNLAWFULLY DISCLOSES CONFIDENTIAL INFORMATION CONCERNING
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 MUNICIPALITY 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00327-02-9
S. 3119 2
or corporation or any public agency or instrumentality, without express
permission of the owner or operator of such building or real property.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.