Assembly Bill A7720B

Signed By Governor
2013-2014 Legislative Session

Relates to stalking in the fourth degree

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

2013-A7720 - Details

See Senate Version of this Bill:
S4187
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

2013-A7720 - Summary

Relates to unlawful surveillance with the use of a GPS device.

2013-A7720 - Bill Text download pdf 

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

                                  7720

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to unlawful surveillance with
  the use of a GPS device

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 250.45 of the penal law is amended by adding a new
subdivision 5 to read as follows:
  5. (A) WITHOUT THE CONSENT OF A PERSON HE OR  SHE  USES,  INSTALLS  OR
PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE
WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON.
  (B)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL
USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE"
MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR  MOVEMENT  BY  THE  TRANS-
MISSION OF ELECTRONIC SIGNALS.
  S  2.   The penal law is amended by adding a new section 35.26 to read
as follows:
S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE.
  THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION  OR
MOVEMENT  OF  A  PERSON  WHICH  WOULD OTHERWISE CONSTITUTE AN OFFENSE IS
JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT,  GUARDIAN  OR  OTHER  PERSON
ENTRUSTED  WITH  THE  CARE  AND SUPERVISION OF A PERSON UNDER THE AGE OF
TWENTY-ONE OR AN INCOMPETENT PERSON, MAY  USE,  INSTALL  OR  PERMIT  THE
UTILIZATION  OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN, AND
TO THE EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY  TO  MAIN-
TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-03-3

2013-A7720A - Details

See Senate Version of this Bill:
S4187
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

2013-A7720A - Summary

Relates to unlawful surveillance with the use of a GPS device.

2013-A7720A - Bill Text download pdf 

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

                                 7720--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to unlawful surveillance with
  the use of a GPS device

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Jackie's Law".
  S 2. Section 250.45 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5. (A) WITHOUT THE CONSENT OF A PERSON HE OR  SHE  USES,  INSTALLS  OR
PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE
WITH  THE  INTENT  TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON AND
WITH THE PURPOSE OF COMMITTING A CRIME OR AN OFFENSE AGAINST SUCH PERSON
OR WITH THE INTENT TO HARASS, ALARM OR INTIMIDATE SUCH PERSON.
  (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  THE  LAWFUL
USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE"
MEANS  ANY  DEVICE  THAT  REVEALS ITS LOCATION OR MOVEMENT BY THE TRANS-
MISSION OF ELECTRONIC SIGNALS.
  S 3. The penal law is amended by adding a new section 35.26 to read as
follows:
S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE.
  THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION  OR
MOVEMENT  OF  A  PERSON  WHICH  WOULD OTHERWISE CONSTITUTE AN OFFENSE IS
JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT,  GUARDIAN  OR  OTHER  PERSON
ENTRUSTED  WITH  THE  CARE  AND SUPERVISION OF A PERSON UNDER THE AGE OF
TWENTY-ONE OR AN INCOMPETENT PERSON, MAY  USE,  INSTALL  OR  PERMIT  THE
UTILIZATION  OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN, AND
TO THE EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY  TO  MAIN-
TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2013-A7720B (ACTIVE) - Details

See Senate Version of this Bill:
S4187
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

2013-A7720B (ACTIVE) - Summary

Relates to unlawful surveillance with the use of a GPS device.

2013-A7720B (ACTIVE) - Bill Text download pdf 

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

                                 7720--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Codes in accordance with Assembly Rule 3,  sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the penal law, in relation to  stalking  in  the  fourth
  degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 120.45 of the penal law, as added by chapter 635 of
the laws of 1999, is amended to read as follows:
S 120.45 Stalking in the fourth degree.
  A person is guilty of stalking in the fourth degree  when  he  or  she
intentionally,  and  for  no  legitimate purpose, engages in a course of
conduct directed at a specific person, and knows  or  reasonably  should
know that such conduct:
  1. is likely to cause reasonable fear of material harm to the physical
health,  safety  or  property  of such person, a member of such person's
immediate family or a third party with whom such person  is  acquainted;
or
  2.  causes  material  harm  to  the mental or emotional health of such
person, where such conduct consists of following, telephoning or  initi-
ating  communication  or  contact  with  such  person,  a member of such
person's immediate family or a third party  with  whom  such  person  is
acquainted,  and the actor was previously clearly informed to cease that
conduct; or
  3. is likely to cause such person to reasonably fear that his  or  her
employment,  business  or  career  is  threatened,  where  such  conduct
consists  of  appearing,  telephoning  or  initiating  communication  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-07-4

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