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Memo

BILL NUMBER:S3621

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 amending 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 intimidation and a way of threatening and terrorizing those of African American 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 10/19/07     Referred to Rules 01/09/08     Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

3621

2011-2012 Regular Sessions

IN SENATE

February 28, 2011
___________

Introduced  by  Sen.  ADAMS  -- 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.
                                                           LBD07529-01-1