Bill Text: NY A03886 | 2023-2024 | General Assembly | Introduced

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Bill Title: Adds to the crime of aggravated harassment in the first degree when a person 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, saliva, phlegm, feces, or any other substance defined as a bodily fluid or matter.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to codes [A03886 Detail]

Download: New_York-2023-A03886-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3886

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by  M.  of A. DICKENS, SEAWRIGHT, MORINELLO, COLTON, TAYLOR,
          ZEBROWSKI, BUTTENSCHON, SIMON, GLICK,  McDONOUGH,  K. BROWN,  MIKULIN,
          GANDOLFO,  J. A. GIGLIO, J. M. GIGLIO -- 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:

     1    Section 1. Section 240.31 of the penal law, as amended by  chapter  49
     2  of  the  laws  of 2006, the opening paragraph as amended by chapter 8 of
     3  the laws of 2019, subdivisions 3 and 4 as amended and subdivision  5  as
     4  added by chapter 74 of the laws of 2008, is amended to read as follows:
     5  § 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, gender identity or expression, religion, reli-
    10  gious practice, age, disability or  sexual  orientation,  regardless  of
    11  whether the belief or perception is 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.
                                                                   LBD03160-01-3
        A. 3886                             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; or
     6    4. Sets on fire a cross in public view; or
     7    5. Etches, paints, draws upon or otherwise places or displays a noose,
     8  commonly exhibited as a symbol of racism and intimidation, on any build-
     9  ing or other real property, public or private, owned by any person, firm
    10  or  corporation or any public agency or instrumentality, without express
    11  permission of the owner or operator of such building or  real  property;
    12  or
    13    6.  Throws,  tosses, spits, wipes, expels or transfers onto the person
    14  of another individual, without such person's consent,  human  or  animal
    15  bodily fluids or matter, such as, but not limited to urine, blood, sali-
    16  va,  phlegm,  feces, or any other substance defined as a bodily fluid or
    17  matter.
    18    Aggravated harassment in the first degree is a class E felony.
    19    § 2. This act shall take effect immediately.