Bill Text: NY A04784 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to criminalizing the act of stalking a police officer or peace officer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - referred to codes [A04784 Detail]
Download: New_York-2023-A04784-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4784 2023-2024 Regular Sessions IN ASSEMBLY February 23, 2023 ___________ Introduced by M. of A. RAMOS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to criminalizing the act of stalking a police officer or peace officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 120.40 of the penal law, as added by chapter 635 of 2 the laws of 1999, paragraph b of subdivision 5 as amended by chapter 320 3 of the laws of 2006 and paragraph c of subdivision 5 as amended by 4 section 7 of part NN of chapter 55 of the laws of 2018, is amended to 5 read as follows: 6 § 120.40 Definitions. 7 For purposes of sections 120.45, 120.50, 120.55 [and], 120.60, 120.80, 8 120.85, and 120.90 of this article: 9 1. "Kidnapping" shall mean a kidnapping crime defined in article one 10 hundred thirty-five of this [chapter] title. 11 2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony 12 crime defined in article one hundred thirty-five of this [chapter] 13 title. 14 3. "Sex offense" shall mean a felony defined in article one hundred 15 thirty of this [chapter] title, sexual misconduct, as defined in section 16 130.20 of this [chapter] title, sexual abuse in the third degree as 17 defined in section 130.55 of this [chapter] title or sexual abuse in the 18 second degree as defined in section 130.60 of this [chapter] title. 19 4. "Immediate family" means the spouse, former spouse, parent, child, 20 sibling, or any other person who regularly resides or has regularly 21 resided in the household of a person. 22 5. "Specified predicate crime" means: 23 a. a violent felony offense; 24 b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45, 25 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08276-01-3A. 4784 2 1 c. assault in the third degree, as defined in section 120.00; menacing 2 in the first degree, as defined in section 120.13; menacing in the 3 second degree, as defined in section 120.14; coercion in the first 4 degree, as defined in section 135.65; coercion in the second degree, as 5 defined in section 135.61; coercion in the third degree, as defined in 6 section 135.60; aggravated harassment in the second degree, as defined 7 in section 240.30; harassment in the first degree, as defined in section 8 240.25; menacing in the third degree, as defined in section 120.15; 9 criminal mischief in the third degree, as defined in section 145.05; 10 criminal mischief in the second degree, as defined in section 145.10, 11 criminal mischief in the first degree, as defined in section 145.12; 12 criminal tampering in the first degree, as defined in section 145.20; 13 arson in the fourth degree, as defined in section 150.05; arson in the 14 third degree, as defined in section 150.10; criminal contempt in the 15 first degree, as defined in section 215.51; endangering the welfare of a 16 child, as defined in section 260.10; or 17 d. stalking in the fourth degree, as defined in section 120.45; stalk- 18 ing in the third degree, as defined in section 120.50; stalking in the 19 second degree, as defined in section 120.55; stalking a police officer 20 or peace officer in the third degree, as defined in section 120.80; 21 stalking a police officer or peace officer in the second degree, as 22 defined in section 120.85; or 23 e. an offense in any other jurisdiction which includes all of the 24 essential elements of any such crime for which a sentence to a term of 25 imprisonment in excess of one year or a sentence of death was authorized 26 and is authorized in this state irrespective of whether such sentence 27 was imposed. 28 § 2. The penal law is amended by adding a new section 120.80 to read 29 as follows: 30 § 120.80 Stalking a police officer or peace officer in the third degree. 31 A person is guilty of stalking a police officer or peace officer in 32 the third degree when he or she intentionally, and for no legitimate 33 purpose, engages in a course of conduct directed at a specific police 34 officer, peace officer or a person who he or she knows or reasonably 35 should know is a member of such officer's immediate family, and knows or 36 reasonably should know that such conduct: 37 1. is likely to cause reasonable fear of material harm to the physical 38 health, safety or property of such officer or member of such officer's 39 immediate family; or 40 2. causes material harm to the mental or emotional health of such 41 officer or member of such officer's immediate family, where such conduct 42 consists of the following, telephoning or initiating communication or 43 contact with such officer or a member of such officer's immediate fami- 44 ly, and the actor was previously clearly informed to cease that conduct. 45 For purposes of subdivision two of this section, "following" shall 46 include the unauthorized tracking of a police officer, peace officer, or 47 immediate family member of such officer's movements or location through 48 the use of a global positioning system or other device. 49 Stalking a police officer or peace officer in the third degree is a 50 class E felony. 51 § 3. The penal law is amended by adding a new section 120.85 to read 52 as follows: 53 § 120.85 Stalking a police officer or peace officer in the second 54 degree. 55 A person is guilty of stalking a police officer or peace officer in 56 the second degree when he or she:A. 4784 3 1 1. Commits the crime of stalking a police officer or peace officer in 2 the third degree in violation of section 120.80 of this article against 3 two or more police officers, peace officers, or a person who he or she 4 knows or reasonably should know is a member of any such officer's imme- 5 diate family, in two or more separate transactions, for which the actor 6 has not been previously convicted; or 7 2. Commits the crime of stalking a police officer or peace officer in 8 the third degree in violation of section 120.80 of this article against 9 any police officer or peace officer, or a person who he or she knows or 10 reasonably should know is a member of such officer's immediate family, 11 and has previously been convicted, within the preceding ten years of a 12 specified predicate crime, as defined in subdivision five of section 13 120.40 of this article, and the victim of such predicate crime is the 14 victim police officer, peace officer, or a person who he or she knows or 15 reasonably should know is a member of such officer's immediate family; 16 or 17 3. With intent to harass, annoy or alarm a specific police officer, 18 peace officer, or a person who he or she knows or reasonably should know 19 is a member of such officer's immediate family, intentionally engages in 20 a course of conduct directed at such police officer, peace officer or a 21 person who he or she knows or reasonably should know is a member of such 22 officer's immediate family, which is likely to cause a specific police 23 officer, peace officer or a person who he or she knows or reasonably 24 should know is a member of such officer's immediate family to reasonably 25 fear physical injury or serious physical injury, the commission of a sex 26 offense against, or the kidnapping, unlawful imprisonment or death of a 27 specific police officer, peace officer or person he or she knows or 28 reasonably should know is a member of such officer's immediate family; 29 or 30 4. Commits the crime of stalking a police officer or peace officer in 31 the third degree in violation of section 120.80 of this article and has 32 previously been convicted within the preceding ten years of stalking a 33 police officer or peace officer in the third degree. 34 Stalking a police officer or peace officer in the second degree is a 35 class D felony. 36 § 4. The penal law is amended by adding a new section 120.90 to read 37 as follows: 38 § 120.90 Stalking a police officer or peace officer in the first degree. 39 A person is guilty of stalking a police officer or peace officer in 40 the first degree when he or she commits the crime of stalking a police 41 officer or peace officer in the third degree as defined in section 42 120.80 of this article or stalking a police officer or peace officer in 43 the second degree as defined in section 120.85 of this article and, in 44 the course and furtherance thereof, he or she: 45 1. Intentionally or recklessly causes physical injury to the victim of 46 such crime; or 47 2. Commits a class A misdemeanor defined in article one hundred thirty 48 of this title, or a class E felony defined in section 130.25, 130.40 or 49 130.85 of this title, or a class D felony defined in section 130.30 or 50 130.45 of this title. 51 Stalking a police officer or peace officer in the first degree is a 52 class C felony. 53 § 5. This act shall take effect on the ninetieth day after it shall 54 have become a law.
