S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2105

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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  increasing  the  criminal
  penalties for bomb threats

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  240.30  of  the  penal  law,  as
amended  by  chapter  510  of  the  laws  of 2008, is amended to read as
follows:
  1. [Either] EXCEPT AS  PROVIDED  IN  SUBDIVISIONS  TWO  AND  THREE  OF
SECTION  240.31  OF THIS ARTICLE, EITHER (a) communicates with a 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 tele-
phone, by telegraph, or by mail, or by transmitting  or  delivering  any
other  form of written communication, in a manner likely to cause annoy-
ance or alarm; or
  S 2. Section 240.31 of the penal law, as amended by chapter 49 of  the
laws  of  2006  and subdivisions 3 and 4 as amended and subdivision 5 as
added by chapter 74 of the laws of 2008, is amended to read as follows:
S 240.31 Aggravated harassment in the first degree.
  A person is guilty of aggravated harassment in the first  degree  when
with  intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person's race, color,  national
origin,  ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct, he or she:
  1.  COMMUNICATES A BOMB THREAT, OR CAUSES A COMMUNICATION  OF  A  BOMB
THREAT  TO  BE INITIATED BY MECHANICAL OR ELECTRONIC MEANS OR OTHERWISE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06392-01-1
              

S. 2105                             2

WITH A PERSON, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, OR BY  TELEGRAPH,
MAIL  OR  ANY OTHER FORM OF WRITTEN COMMUNICATION, IN A MANNER LIKELY TO
CAUSE ANNOYANCE OR ALARM; OR
  2. Damages premises primarily used for religious purposes, or acquired
pursuant  to section six of the religious corporation law and maintained
for purposes of religious instruction, and the damage  to  the  premises
exceeds fifty dollars; or
  [2.]  3.  Commits  the  crime  of  aggravated harassment in the second
degree in the manner proscribed by the provisions of  subdivision  three
of  section  240.30 of this article and has been previously convicted of
the crime of aggravated harassment in the second degree for the  commis-
sion  of  conduct  proscribed  by the provisions of subdivision three of
section 240.30 or he or she has been previously convicted of  the  crime
of  aggravated  harassment  in the first degree within the preceding ten
years; or
  [3.] 4. Etches, paints, draws upon or  otherwise  places  a  swastika,
commonly  exhibited  as  the  emblem of Nazi Germany, on any building or
other real property, public or private, owned by  any  person,  firm  or
corporation  or  any  public  agency or instrumentality, without express
permission of the owner or operator of such building or real property;
  [4.] 5. Sets on fire a cross in public view; or
  [5.] 6. Etches, paints, draws upon or otherwise places or  displays  a
noose, commonly exhibited as a symbol of racism and intimidation, on any
building or other real property, public or private, owned by any person,
firm  or  corporation  or  any public agency or instrumentality, without
express permission of the owner or operator of  such  building  or  real
property.
  Aggravated harassment in the first degree is a class E felony.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.