Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 23, 2014 |
signed chap.188 |
Jul 11, 2014 |
delivered to governor |
Jun 20, 2014 |
returned to assembly passed senate 3rd reading cal.1573 substituted for s7869 |
Jun 20, 2014 |
substituted by a10128 |
Jun 18, 2014 |
ordered to third reading cal.1573 |
Jun 16, 2014 |
referred to rules |
Senate Bill S7869
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A10128 - Signed by Governor
- 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
2013-S7869 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10128
- Law Section:
- Penal Law
- Laws Affected:
- Amd §240.30, Pen L; amd §631, Exec L
2013-S7869 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7869 TITLE OF BILL: An act to amend the penal law and the executive law, in relation to aggravated harassment in the second degree Purpose: Recently, in the case of People v. Golb, the New York State Court of Appeals struck down as unconstitutional subsection 1 of the Aggravated Harassment in the Second Degree statute (Penal Law 240.30(1)).{1} This bill would cure the constitutional defect of the original statute by amending Penal Law § 240.30 thereby reviving that law. This bill would also amend the Executive Law as it relates to the physical injury requirement exceptions for award eligibility from the Office of Victims Services ("OVS"). Summary of Provisions: Section 1 would amend Penal Law § 240.30 to address the constitutional issues raised in the Golb decision by expressly addressing harassing communications that threaten to cause physical harm or harm to property of another which a defendant knows or reasonably should know will cause a victim to fear such harm. Section 2 would amend Executive Law § 631(12) to make a conforming change in light of amendments made to the law in 2012. Section 3 would provide for an immediate effective date.
2013-S7869 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7869 I N S E N A T E June 16, 2014 ___________ Introduced by Sen. NOZZOLIO -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 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, A MEMBER OF SUCH PERSON'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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