Bill Text: NY S01242 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 1242 (Prior Session Legislation)

Introduced

Bill Title: Includes the use of a governmental agency to harass a person within the crime of aggravated harassment in the second degree.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2012-01-31 - referred to codes [S01242 Detail]

Download: New_York-2011-S01242-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1242
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sens. ADDABBO, PARKER -- 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 second degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 3, 4 and 5 of section 240.30 of the penal law,
    2  subdivisions  3  and  4 as amended and subdivision 5 as added by chapter
    3  510 of the laws of 2008, are amended to read as follows:
    4    3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to
    5  physical  contact,  or attempts or threatens to do the same because of a
    6  belief or perception  regarding  such  person's  race,  color,  national
    7  origin,  ancestry, gender, religion, religious practice, age, disability
    8  or sexual orientation, regardless of whether the belief or perception is
    9  correct; [or]
   10    4. Commits the crime of harassment in the first degree and has  previ-
   11  ously  been  convicted of the crime of harassment in the first degree as
   12  defined by section 240.25 of  this  article  within  the  preceding  ten
   13  years[.]; OR
   14    5.   EITHER (A) UNLAWFULLY DISCLOSES CONFIDENTIAL INFORMATION CONCERN-
   15  ING THE PERSON HE OR SHE INTENDS TO HARASS, ANNOY,  THREATEN,  OR  ALARM
   16  WHICH  HE  OR  SHE  OBTAINED  FROM  A GOVERNMENT AGENCY OR ANY POLITICAL
   17  SUBDIVISION OF THE STATE OR MUNICIPALITY, IN A MANNER  LIKELY  TO  CAUSE
   18  ANNOYANCE  OR  ALARM;  OR  (B) UNLAWFULLY CAUSES PERSONNEL EMPLOYED BY A
   19  GOVERNMENTAL AGENCY OR ANY POLITICAL SUBDIVISION OF THE STATE OR MUNICI-
   20  PALITY TO CONTACT OR INTERACT WITH THE  PERSON  HE  OR  SHE  INTENDS  TO
   21  HARASS,  ANNOY,  THREATEN, OR ALARM IN AN OFFICIAL CAPACITY, IN A MANNER
   22  LIKELY TO CAUSE ANNOYANCE OR ALARM.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02019-01-1
       S. 1242                             2
    1    6. For the purposes of subdivision one of this section, "form of writ-
    2  ten communication" shall include, but not be limited to, a recording  as
    3  defined in subdivision six of section 275.00 of this part.
    4    S 2. This act shall take effect on the first of November next succeed-
    5  ing the date on which it shall have become a law.