Bill Text: NY S00504 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that stalking by technological means, including illegal wiretapping, cell phones, caller ID, Internet, cameras and GPS systems, shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2017-01-23 - referred to codes [S00504 Detail]

Download: New_York-2017-S00504-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           504
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen.  DIAZ  --  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  prohibiting  stalking  by
          technological means
          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 is amended by adding a new
     2  subdivision 6 to read as follows:
     3    6. "Technological means" means and shall include,  but  shall  not  be
     4  limited to, illegal wiretapping, cell phones, caller identification, the
     5  Internet,  cameras,  global  positioning  system  and  any other type of
     6  tracking device.
     7    § 2. Subdivision 4 of section 120.50 of the penal  law,  as  added  by
     8  chapter  635  of the laws of 1999, is amended and a new subdivision 5 is
     9  added to read as follows:
    10    4. Commits the crime of stalking in the fourth degree and  has  previ-
    11  ously  been  convicted within the preceding ten years of stalking in the
    12  fourth degree[.]; or
    13    5. Commits the crime of stalking in the fourth degree in violation  of
    14  section  120.45  of  this article, and utilizes any technological means,
    15  whether electronic or other, in furtherance of such crime.
    16    § 3. Subdivision 5 of section 120.55 of the penal  law,  as  added  by
    17  chapter  598  of the laws of 2003, is amended and a new subdivision 6 is
    18  added to read as follows:
    19    5. Commits the crime of stalking in the third degree,  as  defined  in
    20  subdivision three of section 120.50 of this article, against ten or more
    21  persons,  in  ten or more separate transactions, for which the actor has
    22  not been previously convicted[.]; or
    23    6. Commits the crime of stalking in the third  degree  as  defined  in
    24  subdivisions  one, two, three and four of section 120.50 of this article
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06631-01-7
        S. 504                              2
     1  and utilizes any technological means, whether electronic  or  other,  in
     2  furtherance of such crime.
     3    §  4.  Subdivision 2 of section 120.60 of the penal law, as amended by
     4  chapter 434 of the laws of 2000, is amended and a new subdivision  3  is
     5  added to read as follows:
     6    2. commits a class A misdemeanor defined in article one hundred thirty
     7  of  this  chapter, or a class E felony defined in section 130.25, 130.40
     8  or 130.85 of this chapter, or a class D felony defined in section 130.30
     9  or 130.45 of this chapter[.]; or
    10    3. commits the crime of stalking in the second degree, as  defined  in
    11  subdivisions one, two, three, and four of section 120.55 of this article
    12  and  utilizes  any  technological means, whether electronic or other, in
    13  furtherance of such crime.
    14    § 5. This act shall take effect on the first of November next succeed-
    15  ing the date on which it shall have become a law.