What's happening
This bill expands the crime of aggravated harassment to include using government agencies to harass or disclose confidential information to annoy, threaten, or alarm someone.
Why it matters
Targets misuse of government resources. The bill specifically addresses situations where individuals use government agencies, or information obtained from them, as tools of harassment, making it a more serious crime.
Protects personal information. By criminalizing the unlawful disclosure of confidential government-held information to annoy, threaten, or alarm, the bill emphasizes the importance of privacy and data protection.
Addresses official harassment. The bill covers not just direct disclosures, but also indirect harassment, such as causing government employees to interact with someone in an official capacity for the purpose of annoyance or intimidation, closing a loophole in current law.
Expands legal recourse for victims. People targeted by these forms of harassment would have stronger legal protections and clearer grounds for seeking justice, potentially deterring such conduct in the future.
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Who cares
Headline styles
Ban Agency Harassment Tactics
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3119
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
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 Assembly, 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 subdivision 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 building 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.
LBD00327-02-9
S. 3119 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 succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2017: S. 3071 - Referred to Codes 2018: S. 3071 - 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.