NY State Senate Bill 2021-S3455

Senate Bill S3455

2021-2022 Legislative Session

Includes the use of a governmental agency to harass a person within the crime of harassment in the first degree

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 29, 2021	referred to codes

2021-S3455 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.31, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6750
2011-2012: S1242
2013-2014: S3967
2015-2016: S3000
2017-2018: S3071
2019-2020: S3119
2023-2024: S2025

2021-S3455 (ACTIVE) - Summary

Includes the use of a governmental agency to harass a person within the crime of aggravated harassment in the first degree.

2021-S3455 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3455

SPONSOR: ADDABBO
 
TITLE OF BILL:

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

 
PURPOSE:

To expand upon the definition of aggravated harassment and provide
further provisions in dissuading both the public and governmental
personnel from unlawfully using or disclosing confidential information
with intent to alarm another individual.

 
SUMMARY OF PROVISIONS:

Section 240.30 of the Penal law is amended with a new subdivision.

EXISTING LAW:

Existing law defines a person guilty of aggravated harassment in the
first degree when an individual is harassed, annoyed, threatened or
alarmed by intent and through the usage of and/or by various forms of
communications, and physical assault based on numerous factors. Such
defined harassment includes verbal abuse, insults and epithets, intim-
idation or humiliation.

 
JUSTIFICATION:

Harassment upon an individual is damaging and unavoidable when another
individual has access to confidential information about the targeted
individual. Claims against the individual can lead to reduced employee
productivity and morale, higher turnover and absenteeism rates, and
significant increases in medical and workers' compensation claims. Exam-
ples of harassment can comprise of a neighbor calling upon a city
departmental agency on another individual to justify a false claim
against that individual, to the placement of false complaints regarding
illegal dumping of resources in to a neighboring reservoir. For each
unfounded claim, an inspector must invest time and effort to investigate
the claim. When an unfounded claim is determined, it becomes a waste of
taxpayer time and money to the residents of New York and to the investi-
gator.

When someone unlawfully causes personnel employed by a government agency
or any political subdivision of the state or a municipality to interact
with or contact in an official capacity that person, or is an actual
employee of that government agency or political subdivision of the state
or municipality and contacts that person, the person who unlawfully uses
or discloses confidential information concerning the targeted individual
with intent to harass, annoy, threaten or alarm shall be held liable to
a crime of aggravated harassment in the first degree.

 
LEGISLATIVE HISTORY:

2019: S. 3119 - Referred to Codes
2020: S. 3119 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2021-S3455 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3455
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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.  Subdivisions  2 and 5 of section 240.31 of the penal law,
 subdivision 2 as amended by chapter 49 of the laws of 2006 and  subdivi-
 sion  5  as added by chapter 74 of the laws of 2008, are amended to read
 as follows:
   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  OF
 THIS  ARTICLE or he or she has been previously convicted of the crime of
 aggravated harassment in the  first  degree  within  the  preceding  ten
 years; or
   5. EITHER (A) UNLAWFULLY DISCLOSES CONFIDENTIAL INFORMATION CONCERNING
 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  MUNICIPALITY  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04266-01-1

 S. 3455                             2
 
 or  corporation or any public agency or instrumentality, without express
 permission of the owner or operator of such building or real property.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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