Bill Text: NY A07851 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 7851

Introduced

Bill Title: Redefines the term "following" for a crime of stalking in the fourth degree to include the use of certain devices or computers to gain access to, record, track or report the movement or location of a person or their property without the person's permission or authority to do so.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A07851 Detail]

Download: New_York-2023-A07851-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          7851

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      July 7, 2023
                                       ___________

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

        AN ACT to amend the penal  law,  in  relation  to  redefining  the  term
          "following" for a 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. The second undesignated paragraph of section 120.45 of  the
     2  penal  law,  as  added by chapter 184 of the laws of 2014, is amended to
     3  read as follows:
     4    For the purposes of subdivision two of this section, "following" shall
     5  include the unauthorized tracking of such person's movements or location
     6  through the use [of a global positioning system or other device], place-
     7  ment, attachment or  insertion  of  any  device  or  computer  software,
     8  program,  spyware,  malware  or  adware  that  gains access to, records,
     9  tracks or reports a movement or location of a person or  their  property
    10  without  the  person's  permission  or  authority  to  do so. A person's
    11  employer utilizing location or tracking  technology  during  the  normal
    12  course  of  business  or  pursuant  to an employment agreement shall not
    13  constitute stalking under this statute.
    14    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08367-01-3