S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1348
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 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  law  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.
              

                                                            LBD01431-01-9

 A. 1348                             2
 
 OR BY THE CONSTITUTION OR LAWS OF THE UNITED STATES. A VIOLATION OF THIS
 SECTION SHALL BE PUNISHABLE BY A FINE OF  NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS OR IMPRISONMENT OF NOT MORE THAN ONE YEAR OR BOTH; AND IF BODILY
 INJURY  RESULTS,  A  VIOLATION  OF THIS SECTION SHALL BE PUNISHABLE BY A
 FINE OF NOT MORE THAN TEN THOUSAND DOLLARS OR BY  IMPRISONMENT  FOR  NOT
 MORE THAN TEN YEARS, OR BOTH.
   §  3.  The civil rights law is amended by adding a new section 50-f to
 read as follows:
   § 50-F. ONLINE PRIVACY. 1. NO PERSON SHALL PUBLICLY DISCLOSE  INFORMA-
 TION ABOUT ANOTHER PERSON THAT:
   A.  IS  PRIVATE AND NOT A MATTER OF PUBLIC RECORD OR OTHERWISE OPEN TO
 THE PUBLIC EYE;
   B. IS NOT A LEGITIMATE MATTER OF PUBLIC CONCERN; AND
   C. WOULD BE CONSIDERED OFFENSIVE OR PRIVATE TO A REASONABLE PERSON.
   2. NO PERSON SHALL PUBLICLY DISCLOSE INFORMATION ABOUT ANOTHER  PERSON
 THAT:
   A. IS PERSONALLY IDENTIFIABLE;
   B. PLACES THE PERSON IN A FALSE LIGHT;
   C. IS HIGHLY OBJECTIONABLE BY A REASONABLE PERSON; AND
   D. IS DONE WITH ACTUAL MALICE.
   3.  NO  PERSON  SHALL  PUBLICLY  USE  ANOTHER  PERSON'S NAME, PICTURE,
 PORTRAIT, VOICE OR LIKENESS TO THEIR OWN  BENEFIT  WITHOUT  CONSENT,  OR
 UNLESS THE USE IS FOR NEWS OR COMMENTARY.
   4. ANYONE AGGRIEVED UNDER THIS SECTION HAS A CAUSE OF ACTION FOR LEGAL
 AND INJUNCTIVE RELIEF.
   §  4.  The  executive  law is amended by adding a new section 837-t to
 read as follows:
   § 837-T. OFFICE FOR THE PREVENTION OF INTERNET CRIME  AND  HARASSMENT.
 1.    ESTABLISHMENT  OF  OFFICE.  THERE IS HEREBY ESTABLISHED WITHIN THE
 DIVISION OF CRIMINAL JUSTICE SERVICES AN OFFICE FOR  THE  PREVENTION  OF
 INTERNET CRIME AND HARASSMENT.
   2.  DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL COORDINATE STATE AND
 MUNICIPAL EFFORTS TO PREVENT THE USE OF THE INTERNET FOR HARASSMENT  AND
 OTHER CRIMES.  THE OFFICE'S DUTIES SHALL INCLUDE BUT SHALL NOT BE LIMIT-
 ED TO:
   (A) DEVELOPING OR HIRING A CONTRACTOR TO DEVELOP A TRAINING CURRICULUM
 FOR  ALL  LAW ENFORCEMENT AGENCIES TO TRAIN OFFICERS IN CURRENT INTERNET
 TECHNOLOGIES AND HOW THAT TECHNOLOGY IS USED  TO  PERPETRATE  HARASSMENT
 AND  OTHER  CRIME.  SUCH  TRAINING CURRICULUM MUST BE IMPLEMENTED BY TWO
 YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION  AND  MUST  INCLUDE  ONE
 COMPREHENSIVE  COURSE  AND  ANNUAL  UPDATE COURSES. CURRENT OFFICERS ARE
 REQUIRED TO COMPLETE THE COMPREHENSIVE COURSE NO LATER THAN THREE  YEARS
 AFTER  THE EFFECTIVE DATE OF THIS SECTION, AND THE ANNUAL UPDATE COURSES
 WITHIN EACH CALENDAR YEAR BEGINNING WITH THE YEAR TWO  THOUSAND  TWENTY-
 TWO.  NEW  OFFICERS  ARE  REQUIRED  TO COMPLETE THE COMPREHENSIVE COURSE
 WITHIN SIX MONTHS OF HIRING AND THE ANNUAL UPDATE COURSE EACH  FOLLOWING
 YEAR.
   (B) PRESCRIBING GENERAL GUIDELINES TO ENABLE STATE AGENCIES TO COLLAB-
 ORATE  IN  PREVENTING, INVESTIGATING AND PROSECUTING INTERNET HARASSMENT
 AND OTHER INTERNET CRIMES.
   § 5. Section 240.25 of the penal law, as amended by chapter 109 of the
 laws of 1994, is amended to read as follows:
 § 240.25 Harassment in the first degree.
   A person is guilty of harassment in the first degree when  he  or  she
 intentionally  and  repeatedly harasses another person by following such
 person in or about a public place or places or by engaging in  a  course

 A. 1348                             3
 
 of  conduct or by repeatedly committing acts which places such person in
 reasonable fear of physical injury IN A PUBLIC PLACE, A PRIVATE PLACE OR
 BY USING ELECTRONIC COMMUNICATION, INCLUDING BUT NOT LIMITED TO  E-MAIL,
 WEBCAM,  TELEPHONE,  OR  SOCIAL MEDIA.   This section shall not apply to
 activities regulated by the national labor relations  act,  as  amended,
 the  railway  labor  act,  as  amended,  or the federal employment labor
 management act, as amended.
   Harassment in the first degree is a class B misdemeanor.
   § 6. Subdivision 3 of section 240.26 of the penal law, as  amended  by
 chapter 109 of the laws of 1994, is amended to read as follows:
   3. He or she engages in a course of conduct or repeatedly commits acts
 IN A PUBLIC PLACE, A PRIVATE PLACE OR BY USING ELECTRONIC COMMUNICATION,
 INCLUDING  BUT NOT LIMITED TO E-MAIL, WEBCAM, TELEPHONE, OR SOCIAL MEDIA
 which alarm or seriously annoy such other  person  and  which  serve  no
 legitimate purpose.
   §  7.  The  closing  paragraph  of section 240.50 of the penal law, as
 amended by chapter 301 of the laws  of  2001,  is  amended  to  read  as
 follows:
   Falsely reporting an incident in the third degree is a class [A misde-
 meanor] E FELONY.
   §  8.  The  closing  paragraph  of section 240.55 of the penal law, as
 amended by chapter 301 of the laws  of  2001,  is  amended  to  read  as
 follows:
   Falsely  reporting  an  incident in the second degree is a class [E] D
 felony.
   § 9. The closing paragraph of section 240.60  of  the  penal  law,  as
 amended  by  chapter  301  of  the  laws  of 2001, is amended to read as
 follows:
   Falsely reporting an incident in the first degree is  a  class  [D]  C
 felony.
   §  10.  The  closing  paragraph of section 120.55 of the penal law, as
 added by chapter 635 of the laws of 1999, is amended to read as follows:
   Stalking in the second degree is a class [E] D felony.
   § 11. The closing paragraph of section 120.60 of  the  penal  law,  as
 amended  by  chapter  434  of  the  laws  of 2000, is amended to read as
 follows:
   Stalking in the first degree is a class [D] C felony.
   § 12. Subdivision 2 of section 79-n of the civil rights law, as  added
 by chapter 227 of the laws of 2010, is amended to read as follows:
   2.  Any person who intentionally selects a person or property for harm
 or causes damage to the property of another [or], causes physical injury
 or death to another OR COMMITS HARASSMENT AS DEFINED IN  SECTION  240.25
 OF  THE PENAL LAW in whole or in substantial part because of a belief or
 perception regarding the race, color, national origin, ancestry, gender,
 religion, religious practice, age, disability or sexual orientation of a
 person, regardless of whether the belief or perception is correct, shall
 be liable, in a civil action or proceeding maintained by such individual
 or group of individuals, for injunctive relief, damages,  or  any  other
 appropriate relief in law or equity. If it shall appear to the satisfac-
 tion  of the court or justice that the respondent has, in fact, violated
 this section, an injunction may be issued  by  such  court  or  justice,
 enjoining and restraining any further violation, without requiring proof
 that any person has, in fact, been injured or damaged thereby.
   §  13.  Section 213-c of the civil practice law and rules, as added by
 chapter 3 of the laws of 2006, is amended to read as follows:

 A. 1348                             4
 
   § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
 offenses.   Notwithstanding any other limitation set forth in this arti-
 cle, a civil claim or cause of action to recover  from  a  defendant  as
 hereinafter  defined,  for  physical,  psychological  or other injury or
 condition  suffered by a person as a result of acts by such defendant of
 rape in the first degree as defined in section 130.35 of the penal  law,
 or  criminal sexual act in the first degree as defined in section 130.50
 of the penal law, or aggravated sexual abuse  in  the  first  degree  as
 defined  in section 130.70 of the penal law, or course of sexual conduct
 against a child in the first degree as defined in section 130.75 of  the
 penal  law may be brought within five years, OR HARASSMENT IN THE SECOND
 DEGREE AS DEFINED IN SECTION 240.26 OF THE PENAL LAW, OR  HARASSMENT  IN
 THE FIRST DEGREE AS DEFINED IN SECTION 240.25 OF THE PENAL LAW.  As used
 in  this  section,  the  term  "defendant"  shall mean only a person who
 commits the acts described  in  this  section  or  who,  in  a  criminal
 proceeding,  could be charged with criminal liability for the commission
 of such acts pursuant to section 20.00 of the penal law  and  shall  not
 apply  to  any  related civil claim or cause of action arising from such
 acts. Nothing in this section shall be construed to require that a crim-
 inal charge be brought or a criminal conviction be obtained as a  condi-
 tion  of  bringing a civil cause of action or receiving a civil judgment
 pursuant to this section or be construed to  require  that  any  of  the
 rules  governing  a  criminal proceeding be applicable to any such civil
 action.
   § 14. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1348--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Governmental Operations  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the civil rights law and the executive law, in relation
   to harassment through electronic communication

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The civil rights law is amended by adding a new section 16
 to read as follows:
   § 16. PROTECTION OF SPEECH AND RELIGIOUS RIGHTS. NO PERSON  MAY  WILL-
 FULLY  INJURE  OR  INTERFERE  WITH,  NOR  WILLFULLY ATTEMPT TO INJURE OR
 INTERFERE WITH, ANY OTHER PERSON IN SUCH OTHER PERSON'S LAWFUL  EXERCISE
 OF  ANY  RIGHT OF FREE SPEECH OR RELIGION SECURED BY THE CONSTITUTION OR
 LAWS OF NEW YORK STATE OR BY THE CONSTITUTION  OR  LAWS  OF  THE  UNITED
 STATES.    IN  ADDITION TO ANY OTHER CAUSE OF ACTION AND REMEDY THAT MAY
 EXIST, ANY PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION SHALL HAVE  A
 CAUSE OF ACTION FOR INJUNCTIVE RELIEF.
   §  2.  Section  840  of  the  executive law is amended by adding a new
 subdivision 6 to read as follows:
   6. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP, MAINTAIN, AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES
 REGARDING CURRENT INTERNET TECHNOLOGY AND HOW  SUCH  TECHNOLOGY  MAY  BE
 USED  TO PERPETRATE HARASSMENT OR OTHER CRIMES. SUCH POLICIES AND PROCE-
 DURES SHALL MAKE PROVISIONS FOR THE EDUCATION AND TRAINING  OF  NEW  AND
 VETERAN POLICE OFFICERS; AND
   (B)  RECOMMEND  TO THE GOVERNOR, RULES AND REGULATIONS WITH RESPECT TO
 THE ESTABLISHMENT AND IMPLEMENTATION ON AN ONGOING BASIS OF  A  TRAINING
 PROGRAM  FOR  ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
 AND PROCEDURES ESTABLISHED PURSUANT  TO  THIS  SUBDIVISION,  ALONG  WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01431-02-9
              

 A. 1348--A                          2
 
   §  3.  Subdivision 2 of section 79-n of the civil rights law, as added
 by chapter 227 of the laws of 2010, is amended to read as follows:
   2.  Any person who intentionally selects a person or property for harm
 or causes damage to the property of another [or], causes physical injury
 or death to another OR COMMITS HARASSMENT AS DEFINED IN  SECTION  240.25
 OF  THE PENAL LAW in whole or in substantial part because of a belief or
 perception regarding the race, color, national origin, ancestry, gender,
 religion, religious practice, age, disability or sexual orientation of a
 person, regardless of whether the belief or perception is correct, shall
 be liable, in a civil action or proceeding maintained by such individual
 or group of individuals, for injunctive relief, damages,  or  any  other
 appropriate relief in law or equity. If it shall appear to the satisfac-
 tion  of the court or justice that the respondent has, in fact, violated
 this section, an injunction may be issued  by  such  court  or  justice,
 enjoining and restraining any further violation, without requiring proof
 that any person has, in fact, been injured or damaged thereby.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.