senate Bill S4689A

2019-2020 Legislative Session

Relates to harassment through electronic communication

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 09, 2019 print number 4689a
Aug 09, 2019 amend (t) and recommit to codes
Mar 20, 2019 referred to codes

Co-Sponsors

S4689 - Details

Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Amd §840, Exec L; amd §79-n, Civ Rts L

S4689 - Summary

Requires the municipal police training council to develop policies and procedures regarding the use of internet technology and the use of such technology to perpetuate harassment or other crimes.

S4689 - Sponsor Memo

S4689 - Bill Text download pdf


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

                                  4689

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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.
  § 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:

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

Co-Sponsors

S4689A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Amd §840, Exec L; amd §79-n, Civ Rts L

S4689A (ACTIVE) - Summary

Requires the municipal police training council to develop policies and procedures regarding the use of internet technology and the use of such technology to perpetuate harassment or other crimes.

S4689A (ACTIVE) - Sponsor Memo

S4689A (ACTIVE) - Bill Text download pdf


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

                                 4689--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 2019
                               ___________

Introduced by Sens. BIAGGI, CARLUCCI, HOYLMAN, SALAZAR -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the executive law and the civil rights 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. 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.
  § 2. 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

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

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