Senate Bill S7734A

2013-2014 Legislative Session

Relates to aggravated harassment in the second degree

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

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

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

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

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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