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

                                   452

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  GIBSON, MILLMAN, GALEF, CLARK, COOK, HIKIND,
  PHEFFER, GUNTHER, GABRYSZAK, MAYERSOHN, CASTRO --  Multi-Sponsored  by
  -- M. of A. BOYLAND, CRESPO, DESTITO, DINOWITZ, GLICK, HOOPER, JAFFEE,
  McENENY, M. MILLER, ORTIZ, PEOPLES-STOKES, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00199-01-1
              

A. 452                              2

persons, in ten or more separate transactions, for which the  actor  has
not been previously convicted[.]; OR
  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.