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

                                  9560

                          I N  A S S E M B L Y

                             March 16, 2016
                               ___________

Introduced  by M. of A. RAMOS -- read once and referred 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
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

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

                                                           LBD10488-01-5

A. 9560                             2

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-
DIATE FAMILY, IN TWO OR MORE SEPARATE TRANSACTIONS, FOR WHICH THE  ACTOR
HAS NOT BEEN PREVIOUSLY CONVICTED; OR

A. 9560                             3

  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.