Bill S3967A-2013

Includes the use of a governmental agency to harass a person within the crime of harassment in the first degree

Includes the use of a governmental agency to harass a person within the crime of aggravated harassment in the first degree.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jun 21, 2013: RECOMMITTED TO RULES
  • May 21, 2013: ORDERED TO THIRD READING CAL.731
  • May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 19, 2013: PRINT NUMBER 3967A
  • Apr 19, 2013: AMEND (T) AND RECOMMIT TO CODES
  • Mar 1, 2013: REFERRED TO CODES

Votes

Memo

BILL NUMBER:S3967A

TITLE OF BILL: 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 first degree

PURPOSE:

To expand upon the definition of aggravated harassment and provide further provisions in dissuading both the public and governmental personnel from unlawfully using or disclosing confidential information with intent to alarm another individual.

SUMMARY OF PROVISIONS:

Section 240.31 of the Penal law is amended with a new subdivision.

EXISTING LAW:

Existing law defines a person guilty of aggravated harassment in the first degree when an individual is harassed, annoyed, threatened or alarmed by intent and through the usage of and/or by various forms of communications, and physical assault based on numerous factors. Such defined harassment includes verbal abuse, insults and epithets, intimidation or humiliation.

JUSTIFICATION:

Harassment upon an individual is damaging and unavoidable when another individual has access to confidential information about the targeted individual. Claims against the individual can lead to reduced employee productivity and morale, higher turnover and absenteeism rates, and significant increases in medical and workers' compensation claims. Examples of harassment can comprise of a neighbor calling upon a city departmental agency on another individual to justify a false claim against that individual, to the placement of false complaints regarding illegal dumping of resources in to a neighboring reservoir. For each unfounded claim, an inspector must invest time and effort to investigate the claim. When an unfounded claim is determined, it becomes a waste of taxpayer time and money to the residents of New York and to the investigator.

When someone unlawfully causes personnel employed by a government agency or any political subdivision of the state or a municipality to interact with or contact in an official capacity that person, or is an actual employee of that government agency or political subdivision of the state or municipality and contacts that person, the person who unlawfully uses or discloses confidential information concerning the targeted individual with intent to harass, annoy, threaten or alarm shall be held liable to a crime of aggravated harassment in the first degree.

LEGISLATIVE HISTORY:

2011 - 2012: S. 1242 - Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3967--A 2013-2014 Regular Sessions IN SENATE March 1, 2013 ___________
Introduced by Sen. ADDABBO -- 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 penal law, in relation to including the use of a governmental agency to harass a person within the crime of 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. Section 240.31 of the penal law, as amended by chapter 49 of the laws of 2006, subdivisions 3 and 4 as amended and subdivision 5 as added by chapter 74 of the laws of 2008, is amended to read as follows: S 240.31 Aggravated harassment in the first degree. A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she: 1. Damages premises primarily used for religious purposes, or acquired pursuant to section six of the religious corporation law and maintained for purposes of religious instruction, and the damage to the premises exceeds fifty dollars; or 2. Commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30 or he or she has been previously convicted of the crime of aggravated harassment in the first degree within the preceding ten years; or
3. Etches, paints, draws upon or otherwise places a swastika, commonly exhibited as the emblem of Nazi Germany, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property; 4. Sets on fire a cross in public view; or 5. EITHER (A) UNLAWFULLY DISCLOSES CONFIDENTIAL INFORMATION CONCERN- ING THE PERSON HE OR SHE INTENDS TO HARASS, ANNOY, THREATEN, OR ALARM WHICH HE OR SHE OBTAINED FROM A GOVERNMENT AGENCY OR ANY POLITICAL SUBDIVISION OF THE STATE OR MUNICIPALITY, IN A MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM; OR (B) UNLAWFULLY CAUSES PERSONNEL EMPLOYED BY A GOVERNMENTAL AGENCY OR ANY POLITICAL SUBDIVISION OF THE STATE OR MUNICI- PALITY TO CONTACT OR INTERACT WITH THE PERSON HE OR SHE INTENDS TO HARASS, ANNOY, THREATEN, OR ALARM IN AN OFFICIAL CAPACITY, IN A MANNER LIKELY TO CAUSE ANNOYANCE OR ALARM; OR 6. Etches, paints, draws upon or otherwise places or displays a noose, commonly exhibited as a symbol of racism and intimidation, on any build- ing or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property. Aggravated harassment in the first degree is a class E felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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