Bill Text: NY S00576 | 2009-2010 | General Assembly | Introduced
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: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00576 Detail]
Download: New_York-2009-S00576-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 576 2009-2010 Regular Sessions I N S E N A T E January 9, 2009 ___________ 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 added by chapter 635 of the laws of 1999, 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, paragraph (b) as separately amended by chapters 764 and 17 765 of the laws of 2005 and paragraphs (c) and (d) as amended by chapter 18 7 of the laws of 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); aggravated criminally 21 negligent homicide as defined in section 125.11, aggravated manslaughter 22 in the second degree as defined in section 125.21, aggravated sexual 23 abuse in the second degree as defined in section 130.67, assault on a 24 peace officer, police officer, fireman or emergency medical services 25 professional as defined in section 120.08, gang assault in the second EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04940-01-9 S. 576 2 1 degree as defined in section 120.06, STALKING IN THE FIRST DEGREE AS 2 DEFINED IN SUBDIVISION ONE OF SECTION 120.60, burglary in the second 3 degree as defined in section 140.25, robbery in the second degree as 4 defined in section 160.10, criminal possession of a weapon in the second 5 degree as defined in section 265.03, criminal use of a firearm in the 6 second degree as defined in section 265.08, criminal sale of a firearm 7 in the second degree as defined in section 265.12, criminal sale of a 8 firearm with the aid of a minor as defined in section 265.14, soliciting 9 or providing support for an act of terrorism in the first degree as 10 defined in section 490.15, hindering prosecution of terrorism in the 11 second degree as defined in section 490.30, and criminal possession of a 12 chemical weapon or biological weapon in the third degree as defined in 13 section 490.37. 14 (c) Class D violent felony offenses: an attempt to commit any of the 15 class C felonies set forth in paragraph (b); reckless assault of a child 16 as defined in section 120.02, assault in the second degree as defined in 17 section 120.05, menacing a police officer or peace officer as defined in 18 section 120.18, stalking in the [first] SECOND degree, as defined in 19 subdivision one of section [120.60] 120.55, rape in the second degree as 20 defined in section 130.30, criminal sexual act in the second degree as 21 defined in section 130.45, sexual abuse in the first degree as defined 22 in section 130.65, course of sexual conduct against a child in the 23 second degree as defined in section 130.80, aggravated sexual abuse in 24 the third degree as defined in section 130.66, facilitating a sex 25 offense with a controlled substance as defined in section 130.90, crimi- 26 nal possession of a weapon in the third degree as defined in subdivision 27 five, six, seven or eight of section 265.02, criminal sale of a firearm 28 in the third degree as defined in section 265.11, intimidating a victim 29 or witness in the second degree as defined in section 215.16, soliciting 30 or providing support for an act of terrorism in the second degree as 31 defined in section 490.10, and making a terroristic threat as defined in 32 section 490.20, falsely reporting an incident in the first degree as 33 defined in section 240.60, placing a false bomb or hazardous substance 34 in the first degree as defined in section 240.62, placing a false bomb 35 or hazardous substance in a sports stadium or arena, mass transportation 36 facility or enclosed shopping mall as defined in section 240.63, and 37 aggravated unpermitted use of indoor pyrotechnics in the first degree as 38 defined in section 405.18. 39 (d) Class E violent felony offenses: STALKING IN THE THIRD DEGREE AS 40 DEFINED IN SECTION 120.50, an attempt to commit any of the felonies of 41 criminal possession of a weapon in the third degree as defined in subdi- 42 vision five, six, seven or eight of section 265.02 as a lesser included 43 offense of that section as defined in section 220.20 of the criminal 44 procedure law, persistent sexual abuse as defined in section 130.53, 45 aggravated sexual abuse in the fourth degree as defined in section 46 130.65-a, falsely reporting an incident in the second degree as defined 47 in section 240.55 and placing a false bomb or hazardous substance in the 48 second degree as defined in section 240.61. 49 S 6. This act shall take effect on the first of November next succeed- 50 ing the date on which it shall have become a law.