LIEB BLOG

Legal Analysts

Showing posts with label Penal Law. Show all posts
Showing posts with label Penal Law. Show all posts

Wednesday, November 27, 2024

New NYS Law Protects Against Hate Crimes Targeting Religious Attire Creating Evidence of Discrimination

New York State is taking a strong stand against hate crimes and by doing so, are enhancing discrimination claims in the workplace, in housing, and in education. Specifically, starting on November 26, 2024, it became a crime to remove or threaten to remove someone's religious attire. 

The new law (S05302) amends Section 240.30 of the New York Penal Law, which defines certain acts of aggravated harassment as crimes. The amendment explicitly makes it a crime to remove or threaten to remove a person's "religious clothing article or headdress" with the intent to harass, annoy, threaten, or alarm them and be motivated by a belief or perception about the person's:
  • Race
  • Color
  • National Origin
  • Ancestry
  • Gender
  • Gender Identity or Expression
  • Religion
  • Religious Practice
  • Age
  • Disability 
  • Sexual Orientation
Because such topics are protected classes under the New York State Human Rights Law (protecting against discrimination in employment, housing, and education), the act of the assailant in forcibly removing a person's hijab, turban, kippah, and the like, will render discrimination claims much stronger with the presence of this new law.

Stated otherwise, if you or someone you know has experienced harassment or discrimination related to religious attire, this new law provides a clear path for seeking justice—don’t hesitate to take action and protect your rights.


Monday, December 27, 2021

eSignature Impersonations are Criminal - It's About Time!

As a Christmas Present, New York State caught up with the times and updated the Penal Law to make impersonating another by electronic signature illegal. 


That makes sense. 



Tuesday, September 22, 2020

Is Your Pot Smoking History Holding Your Job Prospects Back?

If you were ever convicted of unlawful possession of marijuana, you can now easily get your record expunged and then, records about your arrest, prosecution, and criminal history will be destroyed.

Persons eligible to apply for the destruction of expunged marijuana (a/k/a, marihuana) convictions records are: 
  • Persons convicted of Penal Law 221.10: “A person is guilty of unlawful possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than one ounce.”
  • Persons convicted of Penal Law Section 221.05: “[a] person is guilty of unlawful possession of marihuana in the second degree when he knowingly and unlawfully possesses marihuana.”

Persons adjudicated as Youthful Offenders are not eligible for expungement and destruction because such adjudication is not considered a conviction.

The following records will be destroyed:
  • Arrest records;
  • Prosecution records;
  • Criminal history records;
  • Any dismissal of your case; and
  • Any expungement of your conviction.

It is important to note that only convictions of Penal Law 221.10 and 221.05 may be expunged and the destruction of records does not include any other conviction for any other felony or misdemeanor concerning the drug.

If you are interested in getting your marijuana conviction expunged and records destroyed, you should complete an Application to Destroy Expunged Marihuana Conviction Record and file it with the court where you were convicted. There is no application filing fee and you may file multiple applications if you were convicted in multiple courts.