NY State Senate Bill 2015-S5243

Archive: Last Bill Status - In Senate Committee Codes Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
May 11, 2015	referred to codes

2015-S5243 (ACTIVE) - Details

See Assembly Version of this Bill:: A9560
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.40, add §§120.80, 120.85 & 120.90, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2529, A5307
2019-2020: A7170
2021-2022: A5960
2023-2024: A4784
2025-2026: A1478

2015-S5243 (ACTIVE) - Summary

Relates to criminalizing the act of stalking a police officer or peace officer.

2015-S5243 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5243

TITLE OF BILL:

An act to amend the penal law, in relation to criminalizing the act of
stalking a police officer or peace officer

PURPOSE:

To create a new class of offenses for stalking a police officer, peace
officer, or immediate family members of such officers.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Penal Law section 120.40 to provide that
the definitions in this section also apply to Penal Law sections 120.80,
120.85, and 120.90. This section was also amended to provide that Penal
Law section 120.80, stalking a police officer or peace officer in the
third degree, and Penal Law section 120.85, stalking a police officer or
peace officer in the second degree, would also be included under the
definition of "specified predicate crime."

Section 2 of this bill amends the Penal Law by adding a new section
120.80 to provide for the offense of stalking a police officer or peace
officer in the third degree  This new provision provides that a person
is guilty of this offense when he or she intentionally, and for no

legitimate purposes, engages in conduct directed at a specific officer,
or a person who he or she knows or reasonably should know is a member of
such officer's immediate family, and also knows or reasonably should
know that the conduct is 1) 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, or 2) causes material harm to
the mental or emotional health of the officer or a member of the offi-
cer's immediate family, including conduct such as following, telephoning
or initiating communication or contact with the officer or a member of
the officer's immediate family, and the person was previously clearly
informed to case that conduct. "Following" is also defined to include
unauthorized GPS tracking. This offense will be a class E felony.

Section 3 of this bill amends the Penal Law by adding a new section
120.85 to provide for the offense of stalking police officer or peace
officer in the second degree  This new section provides that a person is
guilty of this offense when he or she 1) commits the crime of stalking a
police officer or peace officer in the third degree against 2 or more
police officers, peace officers, tracking app "Waze" to find out police
officers' movements in the area where he then assassinated these two
officers.

In New Jersey, a man was accused of serial stalking of female police
officers, and had stalked police officers in several different states.
This man would use a voice distorter to pose as a female victim, and

would report himself for harassment so that he could interact with the
female police officers as both the "victim," and as himself.

In New York City, Zale Thompson, the man who attacked NYPD officers with
a hatchet, had reportedly been stalking those officers for hours prior
to this attack, waiting for the opportunity to strike.

Police officers have an extremely dangerous job as it is, and in the
recent climate, it is more important than ever to protect the safety of
our protectors. This also needs to extend to the immediate family
members of these officers. Officer information is so readily available,
and it is important to protect these officers from heightened danger.
Increased penalties are necessary to discourage stalking behavior, and
the current protections for police officers are inadequate in this area.
It is important to provide these enhanced protections for police offi-
cers because of the danger they face every day, through every arrest,
and every time they have to testify in a trial.

These increased stalking protections for police officers and immediate
family members of those officers will discourage retaliation against
officers for doing their day-to-day duties.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

2015-S5243 (ACTIVE) - Bill Text download pdf

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

                                  5243

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 11, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 criminalizing the  act  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:

  Section 1. Section 120.40 of the penal law, as added by chapter 635 of
the laws of 1999 and paragraph b of subdivision 5 as amended by  chapter
320 of the laws of 2006, is amended to read as follows:
S 120.40 Definitions.
  For purposes of sections 120.45, 120.50, 120.55 [and], 120.60, 120.80,
120.85, AND 120.90 of this article:
  1.  "Kidnapping"  shall mean a kidnapping crime defined in article one
hundred thirty-five of this chapter.
  2. "Unlawful imprisonment" shall mean an unlawful imprisonment  felony
crime defined in article one hundred thirty-five of this chapter.
  3.  "Sex  offense"  shall mean a felony defined in article one hundred
thirty of this chapter, sexual misconduct, as defined in section  130.20
of  this chapter, sexual abuse in the third degree as defined in section
130.55 of this chapter or sexual abuse in the second degree  as  defined
in section 130.60 of this chapter.
  4.  "Immediate family" means the spouse, former spouse, parent, child,
sibling, or any other person who  regularly  resides  or  has  regularly
resided in the household of a person.
  5. "Specified predicate crime" means:
  a. a violent felony offense;
  b.  a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
  c. assault in the third degree, as defined in section 120.00; menacing
in the first degree, as defined  in  section  120.13;  menacing  in  the
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.
                                                           LBD10488-01-5

S. 5243                             2

degree, as defined in section 135.65; coercion in the second degree,  as
defined  in  section 135.60; aggravated harassment in the second degree,
as defined in section 240.30; harassment in the first degree, as defined
in  section  240.25; menacing in the third degree, as defined in section
120.15; criminal mischief in the third degree,  as  defined  in  section
145.05;  criminal  mischief  in the second degree, as defined in section
145.10[,]; criminal mischief in the first degree, as defined in  section
145.12;  criminal  tampering  in the first degree, as defined in section
145.20; arson in the fourth degree, as defined in section 150.05;  arson
in  the third degree, as defined in section 150.10; criminal contempt in
the first degree, as defined in section 215.51; endangering the  welfare
of a child, as defined in section 260.10; or
  d. stalking in the fourth degree, as defined in section 120.45; stalk-
ing  in  the third degree, as defined in section 120.50; stalking in the
second degree, as defined in section 120.55; STALKING A  POLICE  OFFICER
OR  PEACE  OFFICER  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 120.80;
STALKING A POLICE OFFICER OR PEACE OFFICER  IN  THE  SECOND  DEGREE,  AS
DEFINED IN SECTION 120.85; or
  e.  an  offense  in  any  other jurisdiction which includes all of the
essential elements of any such crime for which a sentence to a  term  of
imprisonment in excess of one year or a sentence of death was authorized
and  is  authorized  in this state irrespective of whether such sentence
was imposed.
  S 2. The penal law is amended by adding a new section 120.80  to  read
as follows:
S 120.80 STALKING A POLICE OFFICER OR PEACE OFFICER IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY OF STALKING A POLICE OFFICER OR PEACE OFFICER IN
THE THIRD DEGREE WHEN HE OR SHE 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:
  1. 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; OR
  2. CAUSES MATERIAL HARM TO THE MENTAL  OR  EMOTIONAL  HEALTH  OF  SUCH
OFFICER OR MEMBER OF SUCH OFFICER'S IMMEDIATE FAMILY, WHERE SUCH CONDUCT
CONSISTS  OF  THE  FOLLOWING, TELEPHONING OR INITIATING COMMUNICATION OR
CONTACT WITH SUCH OFFICER OR A MEMBER OF SUCH OFFICER'S IMMEDIATE  FAMI-
LY, AND THE ACTOR WAS PREVIOUSLY CLEARLY INFORMED TO CEASE THAT CONDUCT.
  FOR  PURPOSES  OF  SUBDIVISION  TWO OF THIS SECTION, "FOLLOWING" SHALL
INCLUDE THE UNAUTHORIZED TRACKING OF A POLICE OFFICER, PEACE OFFICER, OR
IMMEDIATE FAMILY MEMBER OF SUCH OFFICER'S MOVEMENTS OR LOCATION  THROUGH
THE USE OF A GLOBAL POSITIONING SYSTEM OR OTHER DEVICE.
  STALKING  A  POLICE  OFFICER OR PEACE OFFICER IN THE THIRD DEGREE IS A
CLASS E FELONY.
  S 3. The penal law is amended by adding a new section 120.85  to  read
as follows:
S 120.85 STALKING  A  POLICE  OFFICER  OR  PEACE  OFFICER  IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF STALKING A POLICE OFFICER OR  PEACE  OFFICER  IN
THE SECOND DEGREE WHEN HE OR SHE:
  1.  COMMITS THE CRIME OF STALKING A POLICE OFFICER OR PEACE OFFICER IN
THE THIRD DEGREE IN VIOLATION OF SECTION 120.80 OF THIS ARTICLE  AGAINST
TWO  OR  MORE POLICE OFFICERS, PEACE OFFICERS, OR A PERSON WHO HE OR SHE
KNOWS OR REASONABLY SHOULD KNOW IS A MEMBER OF ANY SUCH OFFICER'S  IMME-

S. 5243                             3

DIATE  FAMILY, IN TWO OR MORE SEPARATE TRANSACTIONS, FOR WHICH THE ACTOR
HAS NOT BEEN PREVIOUSLY CONVICTED; OR
  2.  COMMITS THE CRIME OF STALKING A POLICE OFFICER OR PEACE OFFICER IN
THE THIRD DEGREE IN VIOLATION OF SECTION 120.80 OF THIS ARTICLE  AGAINST
ANY  POLICE OFFICER OR PEACE OFFICER, OR A PERSON WHO HE OR SHE KNOWS OR
REASONABLY SHOULD KNOW IS A MEMBER OF SUCH OFFICER'S  IMMEDIATE  FAMILY,
AND  HAS  PREVIOUSLY BEEN CONVICTED, WITHIN THE PRECEDING TEN YEARS OF A
SPECIFIED PREDICATE CRIME, AS DEFINED IN  SUBDIVISION  FIVE  OF  SECTION
120.40  OF  THIS  ARTICLE, AND THE VICTIM OF SUCH PREDICATE CRIME IS THE
VICTIM 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;
OR
  3.  WITH  INTENT  TO HARASS, ANNOY OR ALARM 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, INTENTIONALLY ENGAGES IN
A COURSE OF CONDUCT DIRECTED AT SUCH 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, WHICH IS LIKELY TO CAUSE 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 TO REASONABLY
FEAR PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY, THE COMMISSION OF A SEX
OFFENSE  AGAINST, OR THE KIDNAPPING, UNLAWFUL IMPRISONMENT OR DEATH OF A
SPECIFIC POLICE OFFICER, PEACE OFFICER OR PERSON  HE  OR  SHE  KNOWS  OR
REASONABLY  SHOULD  KNOW IS A MEMBER OF SUCH OFFICER'S IMMEDIATE FAMILY;
OR
  4. COMMITS THE CRIME OF STALKING A POLICE OFFICER OR PEACE OFFICER  IN
THE  THIRD DEGREE IN VIOLATION OF SECTION 120.85 OF THIS ARTICLE AND HAS
PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING TEN YEARS OF  STALKING  A
POLICE OFFICER OR PEACE OFFICER IN THE THIRD DEGREE.
  STALKING  A  POLICE OFFICER OR PEACE OFFICER IN THE SECOND DEGREE IS A
CLASS D FELONY.
  S 4. The penal law is amended by adding a new section 120.90  to  read
as follows:
S 120.90 STALKING A POLICE OFFICER OR PEACE OFFICER IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF STALKING A POLICE OFFICER OR PEACE OFFICER IN
THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF STALKING  A  POLICE
OFFICER  OR  PEACE  OFFICER  IN  THE  THIRD DEGREE AS DEFINED IN SECTION
120.80 OF THIS ARTICLE OR STALKING A POLICE OFFICER OR PEACE OFFICER  IN
THE  SECOND  DEGREE AS DEFINED IN SECTION 120.85 OF THIS ARTICLE AND, IN
THE COURSE AND FURTHERANCE THEREOF, HE OR SHE:
  1. INTENTIONALLY OR RECKLESSLY CAUSES PHYSICAL INJURY TO THE VICTIM OF
SUCH CRIME; OR
  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.
  STALKING  A  POLICE  OFFICER OR PEACE OFFICER IN THE FIRST DEGREE IS A
CLASS C FELONY.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S5243

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S5243 (ACTIVE) - Details

2015-S5243 (ACTIVE) - Summary

2015-S5243 (ACTIVE) - Sponsor Memo

2015-S5243 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5243

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S5243 (ACTIVE) - Details

2015-S5243 (ACTIVE) - Summary

2015-S5243 (ACTIVE) - Sponsor Memo

2015-S5243 (ACTIVE) - Bill Text download pdf

Comments