Bill Text: NY S07869 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the crime of aggravated harassment in the second degree; includes electronic means; also includes family/household members.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A10128 [S07869 Detail]
Download: New_York-2013-S07869-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7869 I N S E N A T E June 16, 2014 ___________ Introduced by Sen. NOZZOLIO -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law and the executive law, in relation to 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. Section 240.30 of the penal law, as amended by chapter 510 2 of the laws of 2008, subdivision 4 as added and subdivisions 5 and 6 as 3 renumbered by section 4 of part D of chapter 491 of the laws of 2012, is 4 amended to read as follows: 5 S 240.30 Aggravated harassment in the second degree. 6 A person is guilty of aggravated harassment in the second degree 7 when[, with intent to harass, annoy, threaten or alarm another person, 8 he or she]: 9 1. [Either] WITH INTENT TO HARASS ANOTHER PERSON, THE ACTOR EITHER: 10 (a) communicates [with a person], anonymously or otherwise, by tele- 11 phone, by [telegraph,] COMPUTER or ANY OTHER ELECTRONIC MEANS, OR by 12 mail, or by transmitting or delivering any other form of [written] 13 communication, [in a manner likely to cause annoyance or alarm] A THREAT 14 TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO THE PROPERTY OF, SUCH 15 PERSON, OR A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD AS DEFINED 16 IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, AND 17 THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNICATION WILL 18 CAUSE SUCH PERSON TO REASONABLY FEAR HARM TO SUCH PERSON'S PHYSICAL 19 SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A MEMBER OF 20 SUCH PERSON'S SAME FAMILY OR HOUSEHOLD; or 21 (b) causes a communication to be initiated [by mechanical or electron- 22 ic means or otherwise with a person,] anonymously or otherwise, by tele- 23 phone, by [telegraph,] COMPUTER or ANY OTHER ELECTRONIC MEANS, OR by 24 mail, or by transmitting or delivering any other form of [written] 25 communication, [in a manner likely to cause annoyance or alarm] A THREAT 26 TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO THE PROPERTY OF, SUCH 27 PERSON, A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12102-01-4 S. 7869 2 1 SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, AND THE 2 ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNICATION WILL CAUSE 3 SUCH PERSON TO REASONABLY FEAR HARM TO SUCH PERSON'S PHYSICAL SAFETY OR 4 PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A MEMBER OF SUCH 5 PERSON'S SAME FAMILY OR HOUSEHOLD; or 6 2. [Makes] WITH INTENT TO HARASS OR THREATEN ANOTHER PERSON, HE OR SHE 7 MAKES a telephone call, whether or not a conversation ensues, with no 8 purpose of legitimate communication; or 9 3. [Strikes] WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM 10 ANOTHER PERSON, HE OR SHE STRIKES, shoves, kicks, or otherwise subjects 11 another person to physical contact, or attempts or threatens to do the 12 same because of a belief or perception regarding such person's race, 13 color, national origin, ancestry, gender, religion, religious practice, 14 age, disability or sexual orientation, regardless of whether the belief 15 or perception is correct; or 16 4. [Strikes] WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM 17 ANOTHER PERSON, HE OR SHE STRIKES, shoves, kicks or otherwise subjects 18 another person to physical contact thereby causing physical injury to 19 such person or to a family or household member of such person as defined 20 in section 530.11 of the criminal procedure law[.]; OR 21 5. [Commits] HE OR SHE COMMITS the crime of harassment in the first 22 degree and has previously been convicted of the crime of harassment in 23 the first degree as defined by section 240.25 of this article within the 24 preceding ten years. 25 [6. For the purposes of subdivision one of this section, "form of 26 written communication" shall include, but not be limited to, a recording 27 as defined in subdivision six of section 275.00 of this part.] 28 Aggravated harassment in the second degree is a class A misdemeanor. 29 S 2. Subdivision 12 of section 631 of the executive law, as amended by 30 chapter 534 of the laws of 2011, is amended to read as follows: 31 12. Notwithstanding the provisions of subdivisions one, two and three 32 of this section, an individual who was a victim of either the crime of 33 menacing in the second degree as defined in subdivision two or three of 34 section 120.14 of the penal law, menacing in the first degree as defined 35 in section 120.13 of the penal law, criminal obstruction of breathing or 36 blood circulation as defined in section 121.11 of the penal law, harass- 37 ment in the second degree as defined in subdivision two or three of 38 section 240.26 of the penal law, harassment in the first degree as 39 defined in section 240.25 of the penal law, aggravated harassment in the 40 second degree as defined in subdivision [four] FIVE of section 240.30 of 41 the penal law, aggravated harassment in the first degree as defined in 42 subdivision two of section 240.31 of the penal law, criminal contempt in 43 the first degree as defined in paragraph (ii) or (iv) of subdivision (b) 44 or subdivision (c) of section 215.51 of the penal law, or stalking in 45 the fourth, third, second or first degree as defined in sections 120.45, 46 120.50, 120.55 and 120.60 of the penal law, respectively, who has not 47 been physically injured as a direct result of such crime shall only be 48 eligible for an award that includes loss of earning or support, the 49 unreimbursed cost of repair or replacement of essential personal proper- 50 ty that has been lost, damaged or destroyed as a direct result of such 51 crime, the unreimbursed cost for security devices to enhance the 52 personal protection of such victim, transportation expenses incurred for 53 necessary court expenses in connection with the prosecution of such 54 crime, the unreimbursed costs of counseling provided to such victim on 55 account of mental or emotional stress resulting from the incident in S. 7869 3 1 which the crime occurred, reasonable relocation expenses, and for occu- 2 pational or job training. 3 S 3. This act shall take effect immediately.