Bill Text: NY A03648 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Prohibits stalking by the use of technological devices and provides criminal penalties therefor.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2016-06-06 - held for consideration in codes [A03648 Detail]

Download: New_York-2015-A03648-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3648
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by M. of A. TENNEY, CROUCH, FINCH, HAWLEY, McDONOUGH, TEDIS-
         CO, RAIA -- Multi-Sponsored by -- M. of A. BARCLAY,  CERETTO  --  read
         once and referred to the Committee on Codes
       AN  ACT  to  amend the penal law, in relation to prohibiting stalking by
         the use of technological devices
         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 DEVICES" MEANS THE INTERNET, CAMERAS,  GLOBAL  POSI-
    4  TIONING TRACKING DEVICES AND ANY OTHER TRACKING DEVICE, BUT SHALL NOT BE
    5  LIMITED TO SUCH ITEMS.
    6    S  2.  Subdivision  4  of section 120.50 of the penal law, as added by
    7  chapter 635 of the laws of 1999, is amended and a new subdivision  5  is
    8  added to read as follows:
    9    4.  Commits  the crime of stalking in the fourth degree and has previ-
   10  ously been convicted within the preceding ten years of stalking  in  the
   11  fourth degree[.]; OR
   12    5.  COMMITS THE CRIME OF STALKING IN THE FOURTH DEGREE BY THE USE OF A
   13  TECHNOLOGICAL DEVICE OR TECHNOLOGICAL DEVICES.
   14    S 3. Subdivision 5 of section 120.55 of the penal  law,  as  added  by
   15  chapter  598  of the laws of 2003, is amended and a new subdivision 6 is
   16  added to read as follows:
   17    5. Commits the crime of stalking in the third degree,  as  defined  in
   18  subdivision three of section 120.50 of this article, against ten or more
   19  persons,  in  ten or more separate transactions, for which the actor has
   20  not been previously convicted[.]; OR
   21    6. COMMITS THE CRIME OF STALKING IN THE THIRD DEGREE BY THE USE  OF  A
   22  TECHNOLOGICAL DEVICE OR TECHNOLOGICAL DEVICES.
   23    S 4. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07514-01-5