Bill Text: NY S08824 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who he or she knows or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.
Spectrum: Partisan Bill (Republican 17-0)
Status: (Introduced - Dead) 2020-07-20 - REFERRED TO RULES [S08824 Detail]
Download: New_York-2019-S08824-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8824 IN SENATE July 20, 2020 ___________ Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law and the criminal procedure law, in relation to creating the crime of stalking a police officer or peace officer 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, as added by chapter 635 of 2 the laws of 1999, paragraph b of subdivision 5 as amended by chapter 320 3 of the laws of 2006 and paragraph c of subdivision 5 as amended by 4 section 7 of part NN of chapter 55 of the laws of 2018, is amended to 5 read as follows: 6 § 120.40 Definitions. 7 For purposes of sections 120.45, 120.50, 120.55 [and], 120.60 and 8 120.80 of this article: 9 1. "Kidnapping" shall mean a kidnapping crime defined in article one 10 hundred thirty-five of this chapter. 11 2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony 12 crime defined in article one hundred thirty-five of this chapter. 13 3. "Sex offense" shall mean a felony defined in article one hundred 14 thirty of this chapter, sexual misconduct, as defined in section 130.20 15 of this chapter, sexual abuse in the third degree as defined in section 16 130.55 of this chapter or sexual abuse in the second degree as defined 17 in section 130.60 of this chapter. 18 4. "Immediate family" means the spouse, former spouse, parent, child, 19 sibling, or any other person who regularly resides or has regularly 20 resided in the household of a person. 21 5. "Specified predicate crime" means: 22 a. a violent felony offense; 23 b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45, 24 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27; 25 c. assault in the third degree, as defined in section 120.00; menacing 26 in the first degree, as defined in section 120.13; menacing in the 27 second degree, as defined in section 120.14; coercion in the first EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16984-01-0S. 8824 2 1 degree, as defined in section 135.65; coercion in the second degree, as 2 defined in section 135.61; coercion in the third degree, as defined in 3 section 135.60; aggravated harassment in the second degree, as defined 4 in section 240.30; harassment in the first degree, as defined in section 5 240.25; menacing in the third degree, as defined in section 120.15; 6 criminal mischief in the third degree, as defined in section 145.05; 7 criminal mischief in the second degree, as defined in section 145.10[,]; 8 criminal mischief in the first degree, as defined in section 145.12; 9 criminal tampering in the first degree, as defined in section 145.20; 10 arson in the fourth degree, as defined in section 150.05; arson in the 11 third degree, as defined in section 150.10; criminal contempt in the 12 first degree, as defined in section 215.51; endangering the welfare of a 13 child, as defined in section 260.10; or 14 d. stalking in the fourth degree, as defined in section 120.45; stalk- 15 ing in the third degree, as defined in section 120.50; stalking in the 16 second degree, as defined in section 120.55; stalking a police officer 17 or peace office as defined in section 120.80; or 18 e. an offense in any other jurisdiction which includes all of the 19 essential elements of any such crime for which a sentence to a term of 20 imprisonment in excess of one year or a sentence of death was authorized 21 and is authorized in this state irrespective of whether such sentence 22 was imposed. 23 § 2. The penal law is amended by adding a new section 120.80 to read 24 as follows: 25 § 120.80 Stalking a police officer or peace officer. 26 A person is guilty of stalking a police officer or peace officer when: 27 1. He or she intentionally, and for no legitimate purpose, engages in 28 a course of conduct directed at a specific police officer, peace officer 29 or a person who he or she knows or reasonably should know is a member of 30 such officer's immediate family, and knows or reasonably should know 31 that such conduct is likely to cause reasonable fear of material harm to 32 the physical health, safety or property of such officer or member of 33 such officer's immediate family; 34 2. He or she intentionally, and for no legitimate purpose, engages in 35 a course of conduct directed at a specific police officer, peace officer 36 or a person who he or she knows or reasonably should know is a member of 37 such officer's immediate family, and knows or reasonably should know 38 that such conduct causes material harm to the mental or emotional health 39 of such officer or member of such officer's immediate family, where such 40 conduct consists of the following, telephoning or initiating communi- 41 cation or contact with such officer or a member of such officer's imme- 42 diate family, and the actor was previously clearly informed to cease 43 that conduct; or 44 3. He or she intentionally, and for no legitimate purpose, approaches, 45 within one hundred yards, the private residence or place of lodging of a 46 police officer or peace officer, without the consent of such officer, 47 for reasons related to the officer's status or service as a police offi- 48 cer or peace officer and such purposes are for the purpose of harming or 49 intimidating the officer or the officer's immediate family. 50 For purposes of subdivision two of this section, "following" shall 51 include the unauthorized tracking of a police officer, peace officer, or 52 such officer's immediate family member movements or location through the 53 use of a global positioning system or other device. 54 Stalking a police officer or peace officer is a class E felony. 55 § 3. Paragraph (s) and (t) of subdivision 4 of section 510.10 of the 56 criminal procedure law, as added by section 2 of part UU of chapter 56S. 8824 3 1 of the laws of 2020, are amended and a new paragraph (u) is added to 2 read as follows: 3 (s) a felony, where the defendant qualifies for sentencing on such 4 charge as a persistent felony offender pursuant to section 70.10 of the 5 penal law; [or] 6 (t) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, where such charge arose from conduct occurring 8 while the defendant was released on his or her own recognizance or 9 released under conditions for a separate felony or class A misdemeanor 10 involving harm to an identifiable person or property, provided, however, 11 that the prosecutor must show reasonable cause to believe that the 12 defendant committed the instant crime and any underlying crime. For the 13 purposes of this subparagraph, any of the underlying crimes need not be 14 a qualifying offense as defined in this subdivision[.]; or 15 (u) stalking a police officer or peace officer as defined under 16 section 120.80 of the penal law. 17 § 4. Paragraphs (xix) and (xx) of paragraph (b) of subdivision 1 of 18 section 530.20 of the criminal procedure law, as amended by section 3 of 19 part UU of chapter 56 of the laws of 2020, are amended and a new para- 20 graph (xxi) is added to read as follows: 21 (xix) a felony, where the defendant qualifies for sentencing on such 22 charge as a persistent felony offender pursuant to section 70.10 of the 23 penal law; [or] 24 (xx) any felony or class A misdemeanor involving harm to an identifi- 25 able person or property, where such charge arose from conduct occurring 26 while the defendant was released on his or her own recognizance or 27 released under conditions for a separate felony or class A misdemeanor 28 involving harm to an identifiable person or property, provided, however, 29 that the prosecutor must show reasonable cause to believe that the 30 defendant committed the instant crime and any underlying crime. For the 31 purposes of this subparagraph, any of the underlying crimes need not be 32 a qualifying offense as defined in this subdivision[.]; or 33 (xxi) stalking a police officer or peace officer as defined under 34 section 120.80 of the penal law. 35 § 5. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the 36 criminal procedure law, as added by section 4 of part UU of chapter 56 37 of the laws of 2020, are amended and a new paragraph (u) is added to 38 read as follows: 39 (s) a felony, where the defendant qualifies for sentencing on such 40 charge as a persistent felony offender pursuant to section 70.10 of the 41 penal law; [or] 42 (t) any felony or class A misdemeanor involving harm to an identifi- 43 able person or property, where such charge arose from conduct occurring 44 while the defendant was released on his or her own recognizance or 45 released under conditions for a separate felony or class A misdemeanor 46 involving harm to an identifiable person or property, provided, however, 47 that the prosecutor must show reasonable cause to believe that the 48 defendant committed the instant crime and any underlying crime. For the 49 purposes of this subparagraph, any of the underlying crimes need not be 50 a qualifying offense as defined in this subdivision[.]; or 51 (u) stalking a police officer or peace officer as defined under 52 section 120.80 of the penal law. 53 § 6. This act shall take effect on the thirtieth day after it shall 54 have become a law.
