Bill S5604-2013

Provides that aggravated harassment in the second degree of a judge is a class E felony

Provides that aggravated harassment in the second degree is a class E felony if the victim of such harassment is a judge.

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  • Jan 8, 2014: REFERRED TO CODES
  • May 24, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S5604

TITLE OF BILL: An act to amend the penal law, in relation to providing that aggravated harassment in the second degree of a judge is a class E felony

SUMMARY PROVISIONS If a Judge is victim of harassment according to section 240.30 of the penal law, as amended by chapter 510 of the laws of 2008,the perpetrator. would be subject to aggravated harassment in the second degree which would be a class E felony.

EFFECTS OF PRESENT LAW WHICH THIS SILL WOULD ALTER: The closing paragraph of section 240.30 of the penal law, as amended by chapter 510 of the laws of 2008, is amended to read as follows: Aggravated harassment in the second degree is a class A misdemeanor; provided, however, that if the victim of such harassment is a judge then such aggravated harassment in the second degree is a class E felony.

JUSTIFICATION: Judges have had to endure countless verbal attacks on their person on the part of people that are upset about. a ruling or. sentence handed down. Judges have also received threatening notes, emails, and phone calls with little or no ability to respond and retain order or decorum in the courts, this amendment. would allow the Courts to curtail such negative behavior directed at Judges, the perpetrator would be charged with a class E felony.

PRIOR LEGISLATIVE.HISTORY: None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5604 2013-2014 Regular Sessions IN SENATE May 24, 2013 ___________
Introduced by Sen. ROBACH -- 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 providing that aggravated harassment in the second degree of a judge is a class E felony THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 240.30 of the penal law, as amended by chapter 510 of the laws of 2008, is amended to read as follows: Aggravated harassment in the second degree is a class A misdemeanor; PROVIDED, HOWEVER, THAT IF THE VICTIM OF SUCH HARASSMENT IS A JUDGE THEN SUCH AGGRAVATED HARASSMENT IN THE SECOND DEGREE IS A CLASS E FELONY. S 2. This act shall take effect immediately.

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