NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7986
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the penal law, in relation to aggravated harassment in
the first degree
PURPOSE:
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 one of the bill amends subdivision 4 of § 240.31 of the penal
law to make a person guilty of aggravated harassment in the first degree
when they displays a swastika, commonly exhibited as the emblem of Nazi
Germany, on a billboard, aerial display or by a similar method for unin-
vited public Viewing
Section two of the bill provides the 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 sexu-
al 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 subdivision 4 of Section 240.31 of the
Penal Law, which states that the 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. Resi-
dents occupying public spaces should not be subject to displays of hate-
ful symbols.
This bill will ensure that beach goers are no longer forced to watch a
swastika a symbol of hatred and terror while recreating at our beaches
and other public spaces.
PRIOR LEGISLATIVE HISTORY:
2021-2022: S.1542 - Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7986
2023-2024 Regular Sessions
IN ASSEMBLY
August 18, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee 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. Subdivision 4 of section 240.31 of the penal law, as
2 amended by chapter 74 of the laws of 2008, is amended to read as
3 follows:
4 4. Sets on fire a cross in public view or displays a swastika, common-
5 ly exhibited as the emblem of Nazi Germany, on a billboard, aerial
6 display or by a similar method for uninvited public viewing; or
7 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06606-01-3
