Bill Text: NY A01970 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes the use of Bluetooth technology in the definition of "following" a person, as it relates to the crime of stalking in the fourth degree.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to codes [A01970 Detail]

Download: New_York-2023-A01970-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1970

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to including certain  use  of
          Bluetooth  technology  to  follow a person in the crime of stalking in
          the fourth degree

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Section 120.45 of the penal law, as amended by chapter 184
     2  of the laws of 2014, is amended to read as follows:
     3  § 120.45 Stalking in the fourth degree.
     4    A  person  is  guilty  of stalking in the fourth degree when he or she
     5  intentionally, and for no legitimate purpose, engages  in  a  course  of
     6  conduct  directed  at  a specific person, and knows or reasonably should
     7  know that such conduct:
     8    1. is likely to cause reasonable fear of material harm to the physical
     9  health, safety or property of such person, a  member  of  such  person's
    10  immediate  family  or a third party with whom such person is acquainted;
    11  or
    12    2. causes material harm to the mental  or  emotional  health  of  such
    13  person,  where such conduct consists of following, telephoning or initi-
    14  ating communication or contact  with  such  person,  a  member  of  such
    15  person's  immediate  family  or  a  third party with whom such person is
    16  acquainted, and the actor was previously clearly informed to cease  that
    17  conduct; or
    18    3.  is  likely to cause such person to reasonably fear that his or her
    19  employment,  business  or  career  is  threatened,  where  such  conduct
    20  consists  of  appearing,  telephoning  or  initiating  communication  or
    21  contact at such person's place of employment or business, and the  actor
    22  was previously clearly informed to cease that conduct.
    23    For the purposes of subdivision two of this section, "following" shall
    24  include the unauthorized tracking of such person's movements or location

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03190-01-3
        A. 1970                             2

     1  through the use of a global positioning system, Bluetooth technology, or
     2  other device.
     3    Stalking in the fourth degree is a class B misdemeanor.
     4    § 2. This act shall take effect immediately.