S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3071
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sens. ADDABBO, AVELLA -- 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 including  the  use  of  a
   governmental  agency to harass a person within the crime of aggravated
   harassment in the first degree

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 240.31 of the penal law, as amended by chapter 49
 of the laws of 2006, 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:
 § 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. 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. 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 commission 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. Etches, paints, draws upon or otherwise places a swastika, commonly
 exhibited as the emblem of Nazi Germany, on any building or  other  real

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

                                                            LBD02739-01-7

 S. 3071                             2
 
 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. Sets on fire a cross in public view; or
   5.   EITHER (A) UNLAWFULLY DISCLOSES CONFIDENTIAL INFORMATION CONCERN-
 ING THE PERSON HE OR SHE INTENDS TO HARASS, ANNOY,  THREATEN,  OR  ALARM
 WHICH  HE  OR  SHE  OBTAINED  FROM  A GOVERNMENT AGENCY OR ANY POLITICAL
 SUBDIVISION OF THE STATE OR MUNICIPALITY, IN A MANNER  LIKELY  TO  CAUSE
 ANNOYANCE  OR  ALARM;  OR  (B) UNLAWFULLY CAUSES PERSONNEL EMPLOYED BY A
 GOVERNMENTAL AGENCY OR ANY POLITICAL SUBDIVISION OF THE STATE OR MUNICI-
 PALITY TO CONTACT OR INTERACT WITH THE  PERSON  HE  OR  SHE  INTENDS  TO
 HARASS,  ANNOY,  THREATEN, OR ALARM IN AN OFFICIAL CAPACITY, IN A MANNER
 LIKELY TO CAUSE ANNOYANCE OR ALARM; OR
   6. Etches, paints, draws upon or otherwise places or displays a noose,
 commonly exhibited as a symbol of racism and intimidation, on any build-
 ing 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.