This bill has been amended

Bill S7734-2013

Relates to aggravated harassment in the second degree

Relates to aggravated harassment in the second degree; includes contact by a computer or any other electronic means as a form of harassment and states that a person may not contact someone with intent to threaten another person when that person knows or reasonably should know that the communication is likely to cause such person to reasonably fear harm to such person's physical safety or property or harm to a member of such person's same family or household.

Details

Actions

  • Jun 16, 2014: returned to senate
  • Jun 16, 2014: RECALLED FROM ASSEMBLY
  • Jun 10, 2014: referred to codes
  • Jun 10, 2014: DELIVERED TO ASSEMBLY
  • Jun 10, 2014: PASSED SENATE
  • Jun 9, 2014: ORDERED TO THIRD READING CAL.1224
  • Jun 9, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 3, 2014: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 9, 2014
Ayes (20): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Parker, Espaillat
Ayes W/R (4): Krueger, Montgomery, Perkins, Gianaris
Excused (1): Hassell-Thompson

Memo

BILL NUMBER:S7734

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

Purpose: To replace penal law section 240.30(1) which was recently stricken by the Court of Appeals in the case of People v. Golb 2014 NY Slip Op 03426 decided on May 13, 2014.

Summary of Specific Provisions:

Section 1. Adds new language to aggravated harassment statue to replace language stricken out by the Court of Appeals as follows:

1. With intent to threaten another person, he or she either:

(a) Communicates with a person, anonymously or otherwise, by telephone, by computer, or by mail, or by transmitting or delivering any other form of written communication, and knows or reasonably should know that such communication is likely to cause material harm to the mental or emotional health of such person, a member of such person's immediate family, or a third party with whom such person is acquainted; or

(b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, by computer, or by mail, or by transmitting or delivering any other form of written communication and knows reasonably should know that such communication is likely to cause material harm to the mental or emotional health of such person, a member of such person's immediate family, or a third party with whom such person is acquainted; or

2. With intent to harass or threaten another person, he or she makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or

Section 2. Effective the first of November once it has become law.

Former Law: Under the previous penal law section 240.30(1) a person was guilty of aggravated harassment in the second degree when with the intent to harass, annoy, threaten or alarm the person he or she either (a) communicates with the person anonymously or otherwise by telephone by telegraph or by mail or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or (b)causes a communication to be initiated by mechanical or electronic means or otherwise with a person anonymously or otherwise by telephone telegraph or by mail or by transmitting will delivering any other form of written communication in a manner likely to cause annoyance or.

This language was stricken by the Court of Appeals in People v Golb wherein the court found among other issues that the statute was unconstitutionally vague, overbroad and did not agree that merely having intent to annoy was a proper element of a criminal statute.

Justification: This bill addresses the issues of concern in People vs. Golb and is modeled after the stalking statues which have withstood scrutiny by the Courts. The former statue was an important tool for law enforcement and prosecutors around New York. Specifically, this bill would once again criminalize the proscribed conduct and modernized the statute to include computers. This Bill will provide an important tool in domestic violence cases which often involve threats to victims by telephone, email or text. Presently a individual may threaten or harass a victim by phone, text or email and if that conduct were not repeated there would be no basis for charging the conduct under the Penal law. This is a terrible hole in the penal law that must be addressed to protect the safety of our citizens.

Prior Legislative History: None.

Fiscal Implications: None.

Effective Date: The first of November once it has become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7734 IN SENATE June 3, 2014 ___________
Introduced by Sens. NOZZOLIO, DeFRANCISCO -- 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 second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and subdivisions 1 and 2 of section 240.30 of the penal law, as amended by chapter 510 of the laws of 2008, are amended to read as follows: A person is guilty of aggravated harassment in the second degree when[, with intent to harass, annoy, threaten or alarm another person, he or she]: 1. [Either] WITH INTENT TO THREATEN ANOTHER PERSON, HE OR SHE EITHER: (a) communicates with a person, anonymously or otherwise, by tele- phone, by [telegraph] COMPUTER, or by mail, or by transmitting or deliv- ering any other form of written communication, [in a manner] AND KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNICATION IS likely to cause [annoyance or alarm] MATERIAL HARM TO THE MENTAL OR EMOTIONAL HEALTH OF SUCH PERSON, A MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY, OR A THIRD PARTY WITH WHOM SUCH PERSON IS ACQUAINTED; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by tele- phone, by [telegraph] COMPUTER, or by mail, or by transmitting or deliv- ering any other form of written communication[, in a manner] AND KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNICATION IS likely to cause [annoyance or alarm] MATERIAL HARM TO THE MENTAL OR EMOTIONAL HEALTH OF SUCH PERSON, A MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY, OR A THIRD PARTY WITH WHOM SUCH PERSON IS ACQUAINTED; or 2. [Makes] WITH INTENT TO HARASS OR THREATEN ANOTHER PERSON, HE OR SHE MAKES a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus