Bill Text: NY S00448 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to increasing penalties for first degree stalking to a class C felony, second degree stalking to a class D felony, third degree stalking to a class E felony, and fourth degree stalking to a class A misdemeanor.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2016-06-07 - referred to codes [S00448 Detail]

Download: New_York-2015-S00448-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          448
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to increasing  penalties  for
         first, second, third and fourth degree stalking
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The closing paragraph of section 120.45 of the  penal  law,
    2  as  amended  by  chapter  184 of the laws of 2014, is amended to read as
    3  follows:
    4    Stalking in the fourth degree is a class [B] A misdemeanor.
    5    S 2. The closing paragraph of section 120.50  of  the  penal  law,  as
    6  added by chapter 635 of the laws of 1999, is amended to read as follows:
    7    Stalking in the third degree is a class [A misdemeanor] E FELONY.
    8    S  3.  The  closing  paragraph  of section 120.55 of the penal law, as
    9  added by chapter 635 of the laws of 1999, is amended to read as follows:
   10    Stalking in the second degree is a class [E] D felony.
   11    S 4. The closing paragraph of section 120.60  of  the  penal  law,  as
   12  amended  by  chapter  434  of  the  laws  of 2000, is amended to read as
   13  follows:
   14    Stalking in the first degree is a class [D] C felony.
   15    S 5. Paragraphs (b), (c) and (d) of subdivision 1 of section 70.02  of
   16  the  penal  law,  paragraphs  (b) and (c) as amended by chapter 1 of the
   17  laws of 2013 and paragraph (d) as amended by chapter 7 of  the  laws  of
   18  2007, are amended to read as follows:
   19    (b)  Class  C violent felony offenses: an attempt to commit any of the
   20  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   21  vated criminally negligent homicide as defined in section 125.11, aggra-
   22  vated  manslaughter  in  the second degree as defined in section 125.21,
   23  aggravated sexual abuse in the  second  degree  as  defined  in  section
   24  130.67, assault on a peace officer, police officer, fireman or emergency
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02477-01-5
       S. 448                              2
    1  medical services professional as defined in section 120.08, assault on a
    2  judge as defined in section 120.09, gang assault in the second degree as
    3  defined  in  section  120.06, STALKING IN THE FIRST DEGREE AS DEFINED IN
    4  SUBDIVISION  ONE OF SECTION 120.60, strangulation in the first degree as
    5  defined in section 121.13, burglary in the second degree as  defined  in
    6  section  140.25,  robbery  in  the  second  degree as defined in section
    7  160.10, criminal possession of a weapon in the second degree as  defined
    8  in  section  265.03,  criminal  use of a firearm in the second degree as
    9  defined in section 265.08, criminal sale of  a  firearm  in  the  second
   10  degree as defined in section 265.12, criminal sale of a firearm with the
   11  aid  of  a  minor  as  defined  in  section  265.14, aggravated criminal
   12  possession of a weapon as  defined  in  section  265.19,  soliciting  or
   13  providing support for an act of terrorism in the first degree as defined
   14  in  section  490.15,  hindering  prosecution  of terrorism in the second
   15  degree as defined in section 490.30, and criminal possession of a chemi-
   16  cal weapon or biological weapon  in  the  third  degree  as  defined  in
   17  section 490.37.
   18    (c)  Class  D violent felony offenses: an attempt to commit any of the
   19  class C felonies set forth in paragraph (b); reckless assault of a child
   20  as defined in section 120.02, assault in the second degree as defined in
   21  section 120.05, menacing a police officer or peace officer as defined in
   22  section 120.18, stalking in the [first] SECOND  degree,  as  defined  in
   23  subdivision  one of section [120.60] 120.55, strangulation in the second
   24  degree as defined in section  121.12,  rape  in  the  second  degree  as
   25  defined  in  section 130.30, criminal sexual act in the second degree as
   26  defined in section 130.45, sexual abuse in the first degree  as  defined
   27  in  section  130.65,  course  of  sexual  conduct against a child in the
   28  second degree as defined in section 130.80, aggravated sexual  abuse  in
   29  the  third  degree  as  defined  in  section  130.66, facilitating a sex
   30  offense with a controlled substance as defined in section 130.90, crimi-
   31  nal possession of a weapon in the third degree as defined in subdivision
   32  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
   33  a firearm in the third degree as defined in section 265.11, intimidating
   34  a victim or witness in the second degree as defined in  section  215.16,
   35  soliciting  or  providing  support for an act of terrorism in the second
   36  degree as defined in section 490.10, and making a terroristic threat  as
   37  defined  in  section  490.20, falsely reporting an incident in the first
   38  degree as defined in section 240.60, placing a false bomb  or  hazardous
   39  substance  in  the  first degree as defined in section 240.62, placing a
   40  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
   41  transportation  facility or enclosed shopping mall as defined in section
   42  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
   43  first degree as defined in section 405.18.
   44    (d)  Class  E violent felony offenses: STALKING IN THE THIRD DEGREE AS
   45  DEFINED IN SECTION 120.50, an attempt to commit any of the  felonies  of
   46  criminal possession of a weapon in the third degree as defined in subdi-
   47  vision  five, six, seven or eight of section 265.02 as a lesser included
   48  offense of that section as defined in section  220.20  of  the  criminal
   49  procedure  law,  persistent  sexual  abuse as defined in section 130.53,
   50  aggravated sexual abuse in the  fourth  degree  as  defined  in  section
   51  130.65-a,  falsely reporting an incident in the second degree as defined
   52  in section 240.55 and placing a false bomb or hazardous substance in the
   53  second degree as defined in section 240.61.
   54    S 6. This act shall take effect on the first of November next succeed-
   55  ing the date on which it shall have become a law.