Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 19, 2014 |
referred to codes returned to assembly repassed senate |
Jun 16, 2014 |
amended on third reading (t) 7734a |
Jun 16, 2014 |
vote reconsidered - restored to third reading returned to senate recalled from assembly |
Jun 10, 2014 |
referred to codes delivered to assembly passed senate |
Jun 09, 2014 |
ordered to third reading cal.1224 committee discharged and committed to rules |
Jun 03, 2014 |
referred to codes |
Senate Bill S7734A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
(R, C) 7th Senate District
2013-S7734 - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §240.30, Pen L; amd §631, Exec L
2013-S7734 - Summary
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.
2013-S7734 - Sponsor 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
2013-S7734 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7734 I N S E N A T E 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15451-01-4
co-Sponsors
(R, C, IP) Senate District
(R, C) 7th Senate District
2013-S7734A (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §240.30, Pen L; amd §631, Exec L
2013-S7734A (ACTIVE) - Summary
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.
2013-S7734A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7734A TITLE OF BILL: An act to amend the penal law and the executive 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 tele- phone, by computer, or by mail, or by transmitting or delivering any
2013-S7734A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7734--A Cal. No. 1224 I N S E N A T E June 3, 2014 ___________ Introduced by Sens. NOZZOLIO, DeFRANCISCO, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law and the executive 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. Section 240.30 of the penal law, as amended by chapter 510 of the laws of 2008, subdivision 4 as added and subdivisions 5 and 6 as renumbered by section 4 of part D of chapter 491 of the laws of 2012, is amended to read as follows: S 240.30 Aggravated harassment in the second degree. 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 HARASS ANOTHER PERSON, THE ACTOR EITHER: (a) communicates [with a person], anonymously or otherwise, by tele- phone, by [telegraph,] COMPUTER or ANY OTHER ELECTRONIC MEANS, OR by mail, or by transmitting or delivering any other form of [written] communication, [in a manner likely to cause annoyance or alarm] A THREAT TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO THE PROPERTY OF, SUCH PERSON, OR A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, AND THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNICATION WILL CAUSE SUCH PERSON TO REASONABLY FEAR HARM TO SUCH PERSON'S PHYSICAL SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD; or (b) causes a communication to be initiated [by mechanical or electron- ic means or otherwise with a person,] anonymously or otherwise, by tele- phone, by [telegraph,] COMPUTER or ANY OTHER ELECTRONIC MEANS, OR by EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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