S2725-2013 Actions

• Jan 23, 2013: REFERRED TO CODES

S2725-2013 Memo

BILL NUMBER:S2725

TITLE OF BILL:  An act to amend the penal law, in relation to aggravated
harassment in the first degree

PURPOSE:  To increase the penalties for using a noose with the intent to
harass, annoy, threaten or alarm another person.

SUMMARY OF PROVISIONS:  Amends Section 240.31 of the penal law by amend-
ing subdivision 3.

JUSTIFICATION:  There have been several recent documented incidents of
nooses around the United States including the "Jena 6 "case, in Louisana
and two right here in New York -- At present if a person merely hangs a
noose on someone's door or property they cannot be charged with a crime.
Because of our nation's history, those within the African American
culture have considered the noose as a symbol of both hate and intim-
idation and a way of threatening and terrorizing those of African Ameri-
can decent.

As with the response to past incidents involving swastikas and burning
crosses, the Legislature amended the Penal Law to make the use of those
symbols a crime when used with the intent to harass, annoy, intimidate
or otherwise threaten another individual. This legislation makes it
clear that employing a symbol of hate such as a hangman's noose also
will not be allowed making such an act a class E felony under New York
State's aggravated harassment statute.

LEGISLATIVE HISTORY:  S.710 (2010) Referred to Codes S.6511 2007-08
10/19/07Referred to Rules 01/09/08Referred to Codes S.3621 (2011-2012)
02/28/11Referred to Codes 01/04/12Referred to Codes

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: Immediately.

S2725-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2725
 2013-2014 Regular Sessions
 I N  SENATE
 January 23, 2013
 
 Introduced  by  Sen.  LARKIN -- 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 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. Subdivision 3 of  section  240.31  of  the  penal  law,  as
 amended  by  chapter  74  of  the  laws  of  2008, is amended to read as
 follows:

 3. Etches, paints, draws upon, DISPLAYS or otherwise places a  swasti
 ka,  commonly  exhibited  as  the emblem of Nazi Germany, OR A HANGMAN'S
 NOOSE, on any building or other real property, public or private,  owned
 by any person, firm or corporation or any public agency or instrumental
 ity,  without express permission of the owner or operator of such build
 ing or real property;
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05573-01-3

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