NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8993
SPONSOR: Brown K TITLE OF BILL:
An act to amend the penal law, in relation to increasing penalties for
assaulting, stalking, or harassing an elected official
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to increase penalties for assaulting, stalk-
ing, or harassing an elected official.
SUMMARY OF PROVISIONS:
Section 1 amends section 120.09 and 120.09-a of the penal law to add
elected official's to the existing statute of assault and aggravated
assault on a judge. Section 120.09 states, an actor is guilty of assault
on an elected official when, with intent to prevent them from performing
official duties, they cause serious physical injury. Section 120.09-a
states, an actor is guilty of aggravated assault on an elected official
when the actor has the specific intent to cause serious physical injury
while also intending to' prevent the elected official from performing
their duties. The term "elected official" is broadly defined to include
officials at all levels of New York State government, including those
elected to town, library, and school boards.
Section 2 adds a new section to the penal law, 120.59, which establishes
and defines the offense of stalking an elected official. An actor
commits this crime if they engage in conduct which constitutes either
stalking in the third degree (Penal Law § 120.50(3)) or stalking in the
second degree (Penal Law § 120.55), and the target is an elected offi-
cial or a member of the official's immediate family. The term "elected
official" is broadly defined to include officials at all levels of New
York State government, including those elected to town, library, and
school boards. It. is clarified nothing shall restrict legitimate commu-
nication with public officials about their duties. This new offense is
categorized as a class D felony.
Section 3 adds a new section to the penal law, 240.33-a, which estab-
lishes and defines the offense of aggravated harassment of an elected
official. It outlines six types of prohibited conduct, including: (1)
sending threats which cause fear of physical or property harm; (2)
harassing phone calls with no legitimate purpose; (3) physical threats
or actions motivated by bias (e.g., race, religion, gender identity);
(4) causing physical injury through physical contact; (5) criminal tres-
pass targeting the official or their immediate family; and (6) commit-
ting first-degree harassment after a prior conviction within the past
ten years where the victim was an elected official or a member of their
immediate family. The law broadly defines "elected official" to include
officials at all levels of New York State government, including those
elected to town, library, and school boards; and includes protection for
members of their immediate families. This offense is classified as a
class E felony.
Section 4 establishes the effective date.
JUSTIFICATION:
Threats, harassment, and violence directed towards elected officials is
rising. In a survey conducted by the National League of Cities, 87% of
public officials surveyed observed an increase in attacks.
Similarly, the Brenner Center for Justice noted that in a series of
national surveys from 2023, state legislators and local officials -
representing more than 1,700 officials from all 50 states -reported that
they had experienced threats or attacks, and that volume and severity of
abuse increased over time.
In these studies, it was reported that more than 40 percent of state
legislators had experienced threats or attacks within the past three
years, and more than 18 percent of local officeholders experienced
threats or attacks within the past year and a half. These numbers rose
to 89 percent of state legislators and 52 percent of local officeholders
when insults or harassment such as stalking were included.
A Chapman University study also noted a steady increase in threats
against public officials since 2017 and reported that the digital age
has contributed to the ease with which individuals can identify public
officials, their residences, and their activities, which in turn has
created unprecedented assault opportunities. The shootings of the two
Minnesota state lawmakers and their family members are prime examples of
this type of targeted assault and has highlighted the need for change on
multiple levels, from increased security to tougher laws and penalties
for those who target elected officials.
This bill shall help to deter attacks by increasing the penalties for
assaulting, stalking, or harassing an elected official. This bill
bolsters the convictions of those who commit these crimes by increasing
the penalty levels to felony classifications. This will help reflect the
seriousness of these crimes against elected officials, from school board
and library board members to town supervisors, mayors, legislators, and
state representatives and allow for punishments matching the severity of
these offenses.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
