BILL NUMBER: S8476
SPONSOR: WEIK
 
TITLE OF BILL:
An act to amend the penal law, in relation to increasing criminal penal-
ties for aggravated harassment of an elected official and criminal tres-
pass of an elected official's residence
 
PURPOSE:
To protect public officials and their families from rising threats and
politically motivated intimidation by enhancing criminal penalties for
harassment and trespass offenses specifically targeting elected offi-
cials.
 
SUMMARY OF PROVISIONS:
Section 1 amends Penal Law § 240.33 to add "elected official" to the
scope of the aggravated harassment statute and to classify this crime as
a class E felony.
Section 2 amends § 140.17 of the Penal Law to make it first-degree crim-
inal trespass, to unlawfully enter a building known to be the residence
of an elected official or their immediate family.
Section 3 establishes the effective date of the act as immediate upon
enactment.
 
JUSTIFICATION:
Recent violent events against elected officials have underscored the
growing risks public servants face due to their roles. In a recent trag-
ic incident, members of the Minnesota State Legislature were attacked,
resulting in two deaths and serious injuries to two others. These acts
of political violence are not isolated.
A Chapman University study found a steady increase in threats against
public officials since 2017, corresponding with rising political polari-
zation and an increasing acceptance of violence as a means of
expression. Thousands of threats have been reported nationwide.
In New York, intimidation has escalated at the local level. A recent
incident in Smithtown involved persistent harassment of a candidate and
their family at their home, during both day and night. These actions,
while deeply disturbing, may currently only qualify as misdemeanors
under state law, namely aggravated harassment in the second degree and
criminal trespass in the third degree.
This legislation seeks to address that gap by increasing the penalties
for those who intentionally target elected officials or their families.
These targeted acts of harassment and invasion of privacy pose a serious
threat to the democratic process and the personal safety of public serv-
ants. Elevating these offenses to felonies reflects the severity of
these crimes and affirms New York State's commitment to protecting those
who serve the public.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8476: 240.33 penal law, 140.17 penal law