S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3448

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of A. EDDINGTON, ENGLEBRIGHT, MILLMAN, GALEF, CLARK,
  CHRISTENSEN, COOK, GIANARIS, HIKIND, ALFANO, GABRYSZAK --  Multi-Spon-
  sored  by  --  M.  of A. BARRA, JOHN, KOON, McDONOUGH, ORTIZ, PEOPLES,
  ROBINSON, TOWNS, WEISENBERG -- read once and referred 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:

  Section 1.  Section 120.40 of the penal law is amended by adding a new
subdivision 6 to read as follows:
  6. "TECHNOLOGICAL MEANS" MEANS AND SHALL INCLUDE,  BUT  SHALL  NOT  BE
LIMITED TO, ILLEGAL WIRETAPPING, CELL PHONES, CALLER IDENTIFICATION, THE
INTERNET,  CAMERAS,  GLOBAL  POSITIONING  SYSTEM  AND  ANY OTHER TYPE OF
TRACKING DEVICE.
  S 2. Subdivision 4 of section 120.50 of the penal  law,  as  added  by
chapter  635  of the laws of 1999, is amended and a new subdivision 5 is
added to read as follows:
  4. Commits the crime of stalking in the fourth degree and  has  previ-
ously  been  convicted within the preceding ten years of stalking in the
fourth degree[.]; OR
  5. COMMITS THE CRIME OF STALKING IN THE FOURTH DEGREE IN VIOLATION  OF
SECTION  120.45  OF  THIS ARTICLE, AND UTILIZES ANY TECHNOLOGICAL MEANS,
WHETHER ELECTRONIC OR OTHER, IN FURTHERANCE OF SUCH CRIME.
  S 3. Subdivision 5 of section 120.55 of the penal  law,  as  added  by
chapter  598  of the laws of 2003, is amended and a new subdivision 6 is
added to read as follows:
  5. Commits the crime of stalking in the third degree,  as  defined  in
subdivision three of section 120.50 of this article, against ten or more
persons,  in  ten or more separate transactions, for which the actor has
not been previously convicted[.]; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04581-01-9
              

A. 3448                             2

  6. COMMITS THE CRIME OF STALKING IN THE THIRD  DEGREE  AS  DEFINED  IN
SUBDIVISIONS  ONE, TWO, THREE AND FOUR OF SECTION 120.50 OF THIS ARTICLE
AND UTILIZES ANY TECHNOLOGICAL MEANS, WHETHER ELECTRONIC  OR  OTHER,  IN
FURTHERANCE OF SUCH CRIME.
  S  4.  Subdivision 2 of section 120.60 of the penal law, as amended by
chapter 434 of the laws of 2000, is amended and a new subdivision  3  is
added to read as follows:
  2. commits a class A misdemeanor defined in article one hundred thirty
of  this  chapter, or a class E felony defined in section 130.25, 130.40
or 130.85 of this chapter, or a class D felony defined in section 130.30
or 130.45 of this chapter[.]; OR
  3. COMMITS THE CRIME OF STALKING IN THE SECOND DEGREE, AS  DEFINED  IN
SUBDIVISIONS ONE, TWO, THREE, AND FOUR OF SECTION 120.55 OF THIS ARTICLE
AND  UTILIZES  ANY  TECHNOLOGICAL MEANS, WHETHER ELECTRONIC OR OTHER, IN
FURTHERANCE OF SUCH CRIME.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.