Senate Bill S4187C

Signed By Governor
2013-2014 Legislative Session

Relates to stalking in the fourth degree

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7720 - 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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Actions
Votes

Bill Amendments

co-Sponsors

2013-S4187 - Details

See Assembly Version of this Bill:
A7720
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

2013-S4187 - Summary

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

2013-S4187 - Sponsor Memo

2013-S4187 - Bill Text download pdf 

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

                                  4187

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed 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

co-Sponsors

2013-S4187A - Details

See Assembly Version of this Bill:
A7720
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

2013-S4187A - Summary

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

2013-S4187A - Sponsor Memo

2013-S4187A - Bill Text download pdf 

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

                                 4187--A
    Cal. No. 780

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by  Sens.  KENNEDY,  GRISANTI,  NOZZOLIO  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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.
  (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.

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

co-Sponsors

2013-S4187B - Details

See Assembly Version of this Bill:
A7720
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

2013-S4187B - Summary

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

2013-S4187B - Sponsor Memo

2013-S4187B - Bill Text download pdf 

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

                                 4187--B
    Cal. No. 780

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by Sens. KENNEDY, ADAMS, BALL, BRESLIN, ESPAILLAT, FLANAGAN,
  GRISANTI, KRUEGER, MAZIARZ, NOZZOLIO, PARKER, TKACZYK  --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Codes  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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

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

co-Sponsors

2013-S4187C (ACTIVE) - Details

See Assembly Version of this Bill:
A7720
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

2013-S4187C (ACTIVE) - Summary

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

2013-S4187C (ACTIVE) - Sponsor Memo

2013-S4187C (ACTIVE) - Bill Text download pdf 

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

                                 4187--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced by Sens. KENNEDY, BALL, BRESLIN, ESPAILLAT, FLANAGAN, GRISAN-
  TI,  KRUEGER,  MAZIARZ,  NOZZOLIO,  PARKER,  TKACZYK -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  -- recommitted to the Committee on Codes in accordance
  with Senate Rule 6, sec. 8  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-08-4

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