BILL NUMBER: S353

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the penal law, in relation to aggra-
vated harassment in the first degree

 
PURPOSE:

The purpose of this legislation is to include the display of a swastika
on a billboard, aerial display or by a similar method for uninvited
public viewing.

 
SUMMARY OF PROVISIONS:

This legislation will amend Section 240.31(4) of the Penal Law to add
that it be prohibited to display a swastika on a billboard, aerial
display or by a similar method for uninvited public viewing.

 
JUSTIFICATION:

              

A banner attached to a plane flew over the ocean on Long island on July
10, 2015 containing a swastika, among other symbols. This incident also
occurred in July 2014. The current law states that one cannot "harass,
annoy, threaten or alarm another person because of a because of a belief
or perception regarding such person's race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or sexu-
al orientation, regardless of whether the belief or perception is
correct."

It goes on to state that one violates the law when he/she "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."

This legislation would expand on subsection 4 of Section 240.31(4) of
the Penal Law, which states that the one violates the law when he/she
"Sets on fire a cross in public view", to prohibit the display of a
swastika in the air for uninvited public viewing as a form of harass-
ment. Residents occupying public spaces should not be subject to
displays of hateful symbols.

This bill will ensure that beachgoers are no longer forced to watch a
swastika -- a symbol of hatred and terror- while recreating at our
beaches and other public spaces.

 
LEGISLATIVE HISTORY:

S.718- 2017/2018
S.7547- 2016

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.