Assembly Bill A9499

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9499
 
                           I N  A S S E M B L Y
 
                              March 10, 2022
                                ___________
 
 Introduced by M. of A. DICKENS, SEAWRIGHT, MORINELLO, ENGLEBRIGHT, LAWL-
   ER -- read once and referred to the Committee on Codes
 
 AN  ACT  to amend the penal law, in relation to 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, the opening paragraph as amended by  chapter  8  of
 the  laws  of 2019, 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, gender identity or expression, religion, reli-
 gious  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
 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; OR
   4. Sets on fire a cross in public view; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14026-02-2
 A. 9499                             2
 
   5. 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;
 OR
   6. THROWS, TOSSES, SPITS, WIPES, EXPELS OR TRANSFERS ONTO  THE  PERSON
 OF  ANOTHER  INDIVIDUAL,  WITHOUT SUCH PERSON'S CONSENT, HUMAN OR ANIMAL
 BODILY FLUIDS OR MATTER, SUCH AS, BUT NOT LIMITED TO URINE, BLOOD, SALI-
 VA, PHLEGM, FECES, OR ANY OTHER SUBSTANCE DEFINED AS A BODILY  FLUID  OR
 MATTER.
   Aggravated harassment in the first degree is a class E felony.
   § 2. This act shall take effect immediately.