S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          897
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced by M. of A. MILLER -- Multi-Sponsored by -- M. of A. BARCLAY,
         COLTON,  CROUCH,  HOOPER, SCARBOROUGH -- read once and referred 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:
    1    Section  1.  Section 240.31 of the penal law, as amended by chapter 49
    2  of the laws of 2006, subdivisions 3 and 4 as amended and  subdivision  5
    3  as  added  by  chapter  74  of  the  laws of 2008, is amended to read as
    4  follows:
    5  S 240.31 Aggravated harassment in the first degree.
    6    A person is guilty of aggravated harassment in the first  degree  when
    7  with  intent to harass, annoy, threaten or alarm another person, because
    8  of a belief or perception regarding such person's race, color,  national
    9  origin,  ancestry, gender, religion, religious practice, age, disability
   10  or sexual orientation, regardless of whether the belief or perception is
   11  correct, he or she:
   12    1. Damages premises primarily used for religious purposes, or acquired
   13  pursuant to section six of the religious corporation law and  maintained
   14  for  purposes  of  religious instruction, and the damage to the premises
   15  exceeds fifty dollars; or
   16    2. Commits the crime of aggravated harassment in the second degree  in
   17  the  manner proscribed by the provisions of subdivision three of section
   18  240.30 of this article and has been previously convicted of the crime of
   19  aggravated harassment in the second degree for the commission of conduct
   20  proscribed by the provisions of subdivision three of section  240.30  or
   21  he  or  she  has  been  previously  convicted of the crime of aggravated
   22  harassment in the first degree within the preceding ten years; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02717-01-5
       A. 897                              2
    1    3. Etches, paints, draws upon or otherwise places a swastika, commonly
    2  exhibited as the emblem of Nazi Germany, on any building or  other  real
    3  property, public or private, owned by any person, firm or corporation or
    4  any  public agency or instrumentality, without express permission of the
    5  owner or operator of such building or real property;
    6    4. Sets on fire a cross in public view; or
    7    5.   EITHER (A) UNLAWFULLY DISCLOSES CONFIDENTIAL INFORMATION CONCERN-
    8  ING THE PERSON HE OR SHE INTENDS TO HARASS, ANNOY,  THREATEN,  OR  ALARM
    9  WHICH  HE  OR  SHE  OBTAINED  FROM  A GOVERNMENT AGENCY OR ANY POLITICAL
   10  SUBDIVISION OF THE STATE OR MUNICIPALITY, IN A MANNER  LIKELY  TO  CAUSE
   11  ANNOYANCE  OR  ALARM;  OR  (B) UNLAWFULLY CAUSES PERSONNEL EMPLOYED BY A
   12  GOVERNMENTAL AGENCY OR ANY POLITICAL SUBDIVISION OF THE STATE OR MUNICI-
   13  PALITY TO CONTACT OR INTERACT WITH THE  PERSON  HE  OR  SHE  INTENDS  TO
   14  HARASS,  ANNOY,  THREATEN, OR ALARM IN AN OFFICIAL CAPACITY, IN A MANNER
   15  LIKELY TO CAUSE ANNOYANCE OR ALARM; OR
   16    6. Etches, paints, draws upon or otherwise places or displays a noose,
   17  commonly exhibited as a symbol of racism and intimidation, on any build-
   18  ing or other real property, public or private, owned by any person, firm
   19  or corporation or any public agency or instrumentality, without  express
   20  permission of the owner or operator of such building or real property.
   21    Aggravated harassment in the first degree is a class E felony.
   22    S 2. This act shall take effect on the first of November next succeed-
   23  ing the date on which it shall have become a law.