BILL NUMBER: S7051

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to aggravated 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:

Section 1: Amends 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.

Section 2: Sets Effective Date.

              

 
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 sexual 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 the 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 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 harassment. Residents
occupying public spaces should not be subject to displays of hateful
symbols.

This bill will ensure that beachgoers are no longer subjected to the
display of a swastika, a symbol of hatred and terror, while recreating
at our beaches and other public spaces.

 
LEGISLATIVE HISTORY:

Senate

2015: N/A

2016: S7547, Referred to Codes

2017: S718, Referred to Codes

2018: S718, Referred to Codes

2019: S353, Referred to Codes

2020: S353, Referred to Codes

2021: S1542, Referred to Codes

2022: S1542, Referred to Codes

2023: S5950, Referred to Codes

2024: S5950, Referred to Codes

Assembly

2015: No Assembly Same-As

2016: No Assembly Same-As

2017: No Assembly Same-As

2018: No Assembly Same-As

2019: No Assembly Same-As

2020: No Assembly Same-As

2021: No Assembly Same-As

2022: No Assembly Same-As

2023: A7986, Referred to Codes

2024: A7986, Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately