NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8849
SPONSOR: Sayegh TITLE OF BILL:
An act to amend the penal law, in relation to including removal or
threat of removal of religious clothing as aggravated harassment in the
second degree
PURPOSE OR GENERAL IDEA OF BILL:
To designate removing a religious clothing article or headdress as
aggravated harassment in the second degree.
SUMMARY OF PROVISIONS:
Section 1 amends the penal law to include removing a religious clothing
article or headdress in the definition of aggravated harassment in the
second degree
Section 2 sets the effective date.
JUSTIFICATION:
Anti-Muslim sentiment has been on the rise with recent populist agendas
and fanaticism taking hold of society. As such, many Muslims have found
themselves the victim of threats, abuse, and harassment. Muslim, women,
especially, have been very easy targets for such harassments. From shov-
ing and pushing on the streets and subway to verbal abuse, Muslim women
have had to deal with a lot of abuse from discriminatory individuals.
Hijab pulling is a big part of the problem. Multiple articles and civil
cases surrounding this issue have emerged over the past decade. It's
widespread, from.schools to private homes. One teacher at the Fairfax
County Public School "ripped off' the hijab of one of her students. A
man ripped off a fellow passenger's hijab during a Southwest Airlines
flight in 201.6 and shouted fascist remarks. Another teacher at the New
Vision Academy Charter School in Nashville recorded herself removing a
student's hijab. This would also prevent similar harassment for Jewish
individuals, as we have similarly seen a recent rise in anti-semitism.
By classing this harassment as an aggravated harassment in the second
degree, we hope to punish those who seek to abuse others as well as
deter any future abuse.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A2123
2019-2020: A2738
2018: A11334
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8849
IN ASSEMBLY
January 18, 2024
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to including removal or
threat of removal of religious clothing as aggravated harassment in
the second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 240.30 of the penal law, as
2 amended by chapter 8 of the laws of 2019, is amended to read as follows:
3 3. With the intent to harass, annoy, threaten or alarm another person,
4 he or she strikes, shoves, kicks, or otherwise subjects another person
5 to physical contact, including removing a religious clothing article or
6 headdress from such person, or attempts or threatens to do the same
7 because of a belief or perception regarding such person's race, color,
8 national origin, ancestry, gender, gender identity or expression, reli-
9 gion, religious practice, age, disability or sexual orientation, regard-
10 less of whether the belief or perception is correct; or
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09843-01-3
