S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7600
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the  judiciary law and the penal law, in relation to
   increasing the safety and security of court officials and their  imme-
   diate  families;  authorizing the board of election and the department
   of motor vehicles to make conforming changes relating to a court offi-
   cial's personal information
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative purpose. The objective of this act, which shall
 be  referred  to  as  the  "New York State Judicial Security Act," is to
 improve the safety and security of judges of the courts of  the  unified
 court  system  and  of  the federal courts sitting in New York state, of
 certain other persons working in or with these courts, and of the  imme-
 diate  families  of  all  of  the foregoing. Greater confidence in their
 personal safety and security, and in that of their family members,  will
 enable  those involved in the administration of justice to perform their
 duties fairly without fear of personal reprisal by litigants and  others
 affected by the decisions of courts, prosecutors, defense attorneys, and
 others who work in and with the courts.
   This  objective will be accomplished by (i) providing a means by which
 private information concerning active  and  former  judges,  nonjudicial
 court  personnel,  prosecutors,  defense  attorneys, and others who work
 with the courts, and their immediate families can be  kept  from  public
 display;  and  (ii)  persons,  businesses,  associations, and public and
 private agencies having such information can be forbidden  from  posting
 it, or sharing or trading it with others.
   § 2. The judiciary law is amended by adding a new article 22-B to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09565-01-1
              

 A. 7600                             2
 
                               ARTICLE 22-B
                    NEW YORK STATE JUDICAL SECURITY ACT
 SECTION 858. NEW YORK STATE JUDICIAL SECURITY ACT.
   858.  NEW YORK STATE JUDICIAL SECURITY ACT. 1. DEFINITIONS. AS USED IN
 THIS ARTICLE:
   (A) "ELIGIBLE COURT OFFICIAL" SHALL MEAN ACTIVELY EMPLOYED AND  FORMER
 (I) JUDGES AND JUSTICES OF THE UNIFIED COURT SYSTEM, INCLUDING JUDGES OF
 THE HOUSING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK, (II) FEDER-
 AL  JUDGES  SITTING  IN  NEW  YORK, (III) CLERKS OF COURT OF THE UNIFIED
 COURT SYSTEM AND OF THE FEDERAL COURTS SITTING IN NEW YORK, (IV)  UNITED
 STATES  ATTORNEYS  SERVING  IN  NEW  YORK  AND THEIR STAFF, (V) DISTRICT
 ATTORNEYS IN EACH COUNTY OF THE STATE AND THEIR  STAFF,  (VI)  ATTORNEYS
 WHO APPEAR IN COURTS IN NEW YORK AND THEIR STAFF, (VII) EMPLOYEES OF THE
 UNITED  STATES  MARSHAL SERVICE SERVING IN NEW YORK AND EMPLOYEES OF THE
 UNIFIED COURT SYSTEM OR A POLITICAL SUBDIVISION OF THE STATE WHOSE OFFI-
 CIAL DUTIES INCLUDE THE PROVISION OF  COURT  SECURITY  SERVICES,  (VIII)
 PROBATION AND PRETRIAL OFFICIALS SERVING IN NEW YORK, AND (IX) ANY OTHER
 EMPLOYEE  OF  THE  UNIFIED  COURT SYSTEM OR OF THE FEDERAL COURTS ESTAB-
 LISHED IN NEW YORK DESIGNATED BY THE CHIEF ADMINISTRATOR OR  THE  APPRO-
 PRIATE  ADMINISTRATIVE  AUTHORITY  FOR THE FEDERAL COURTS, RESPECTIVELY,
 WHERE, IN HIS OR HER OPINION, THE EMPLOYEE'S DUTIES WARRANT  DESIGNATION
 AS AN ELIGIBLE COURT OFFICIAL UNDER THIS SECTION IN ORDER TO PROVIDE FOR
 THE SAFETY AND SECURITY OF SUCH EMPLOYEE.
   (B)  "IMMEDIATE  FAMILY" SHALL MEAN, FOR EACH ELIGIBLE COURT OFFICIAL,
 THE SPOUSE, FORMER SPOUSE, PARENT, CHILD, SIBLING, AND ANY OTHER  PERSON
 WHO  REGULARLY  RESIDES  OR  HAS REGULARLY RESIDED IN THE ELIGIBLE COURT
 OFFICIAL'S HOUSEHOLD.
   (C) "PERSONAL INFORMATION" SHALL INCLUDE BUT NOT  BE  LIMITED  TO  THE
 FOLLOWING  FOR AN ELIGIBLE COURT OFFICIAL AND, IF HE OR SHE SO INDICATES
 AS PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO  OF
 THIS  SECTION,  FOR THE MEMBERS OF HIS OR HER IMMEDIATE FAMILY: (I) HOME
 ADDRESS, (II) UNLISTED TELEPHONE NUMBER, (III) CELL PHONE  NUMBER,  (IV)
 EMAIL  ADDRESS,  (V) SOCIAL SECURITY NUMBER, (VI) DRIVER LICENSE NUMBER,
 (VII) MARITAL STATUS AND IDENTITY OF  ANY  PRESENT  AND  FORMER  SPOUSE,
 (VIII)  IDENTITY  OF  CHILDREN UNDER EIGHTEEN, (IX) BANK ACCOUNT NUMBER,
 (X) CREDIT OR DEBIT CARD NUMBER,  (XI)  PERSONAL  IDENTIFICATION  NUMBER
 (PIN),  (XII) AUTOMATED OR ELECTRONIC SIGNATURE, (XIII) UNIQUE BIOMETRIC
 DATA, AND (XIV) ACCOUNT PASSWORDS.
   (D) "MAKING PUBLIC THE PERSONAL INFORMATION" OF AN  IDENTIFIED  PERSON
 SHALL  MEAN  ANY EFFORT OR ACTION BY A PERSON, BUSINESS, ASSOCIATION, OR
 PUBLIC OR PRIVATE AGENCY TO POST ON THE INTERNET OR OTHERWISE DISPLAY OR
 PUBLISH IN ANY MEDIUM ACCESSIBLE TO THE PUBLIC SUCH IDENTIFIED  PERSON'S
 PERSONAL INFORMATION, OR TO SHARE OR TRADE SUCH INFORMATION WITH OTHERS.
   (E) "WRITTEN REQUEST" MEANS AN APPLICATION IN WRITING AND SIGNED BY AN
 ELIGIBLE  COURT  OFFICIAL, OR HIS OR HER REPRESENTATIVE, REQUESTING THAT
 THE CHIEF ADMINISTRATOR OF THE COURTS OR THE ELIGIBLE  COURT  OFFICIAL'S
 EMPLOYER,  AS APPROPRIATE, NOTIFY ONE OR MORE PERSONS, BUSINESSES, ASSO-
 CIATIONS, OR PUBLIC OR PRIVATE AGENCIES  THAT  THEY  MUST  REFRAIN  FROM
 MAKING PUBLIC THE PERSONAL INFORMATION OF THAT ELIGIBLE COURT OFFICIAL.
   2.  WRITTEN REQUEST; NOTIFICATION BY CHIEF ADMINISTRATOR OF THE COURTS
 OR EMPLOYER.
   (A) THIS PARAGRAPH SHALL APPLY TO EACH ELIGIBLE COURT OFFICIAL OR  HIS
 OR  HER  REPRESENTATIVE,  OTHER  THAN A UNITED STATES ATTORNEY, DISTRICT
 ATTORNEY, OR ATTORNEY. AN ACTIVE ELIGIBLE COURT OFFICIAL  MAY  SUBMIT  A
 WRITTEN  REQUEST  TO  THE  CHIEF  ADMINISTRATOR  OF THE COURTS. A FORMER
 ELIGIBLE COURT OFFICIAL MAY SUBMIT A WRITTEN REQUEST TO  THE  OFFICIAL'S

 A. 7600                             3
 
 EMPLOYER  OR  TO  THE  PERSON OR OFFICE WHO WOULD BE HIS OR HER EMPLOYER
 WERE HE OR SHE STILL IN SERVICE. FOR PURPOSES OF THIS  SUBDIVISION,  THE
 EMPLOYER  OF  A  FEDERAL  JUDGE  SHALL BE THE APPROPRIATE ADMINISTRATIVE
 AUTHORITY  FOR  THE COURT IN WHICH HE OR SHE SERVES. THE WRITTEN REQUEST
 SHALL SPECIFY:
   (I) THOSE ITEMS OF PERSONAL INFORMATION THAT THE ELIGIBLE COURT  OFFI-
 CIAL WISHES TO BE KEPT FROM BEING MADE PUBLIC;
   (II)  THE IDENTITY OF MEMBERS OF THE ELIGIBLE COURT OFFICIAL'S IMMEDI-
 ATE FAMILY AND INDICATE WHETHER, FOR PURPOSES OF  THE  WRITTEN  REQUEST,
 HIS OR HER PERSONAL INFORMATION SHOULD BE DEEMED TO INCLUDE THAT OF SUCH
 IMMEDIATE FAMILY MEMBERS;
   (III) WHETHER THE ELIGIBLE COURT OFFICIAL WISHES TO IDENTIFY A SECOND-
 ARY RESIDENCE AS A HOME ADDRESS; AND
   (IV)  EACH PERSON, BUSINESS, ASSOCIATION, AND PUBLIC OR PRIVATE AGENCY
 THAT THE ELIGIBLE COURT OFFICIAL WISHES TO BAR FROM  MAKING  PUBLIC  THE
 PERSONAL INFORMATION OF SUCH ELIGIBLE COURT OFFICIAL.
   (B)  THE  CHIEF  ADMINISTRATOR  AND  EACH  EMPLOYER TO WHICH A WRITTEN
 REQUEST MAY BE SUBMITTED HEREUNDER SHALL DEVELOP A SYSTEM TO REVIEW  AND
 PROCESS SUCH REQUESTS.
   (C)  IF A WRITTEN REQUEST HAS BEEN PROPERLY SUBMITTED AND IS COMPLETE,
 THE CHIEF ADMINISTRATOR OR EMPLOYER, AS APPROPRIATE, SHALL, WITHIN  FIVE
 BUSINESS  DAYS OF RECEIPT OF SUCH WRITTEN REQUEST FROM AN ELIGIBLE COURT
 OFFICIAL, NOTIFY EACH  PERSON,  BUSINESS,  ASSOCIATION,  AND  PUBLIC  OR
 PRIVATE  AGENCY  IDENTIFIED  IN  THE  WRITTEN REQUEST THAT (I) BEGINNING
 WITHIN SEVENTY-TWO HOURS OF RECEIPT OF SUCH NOTIFICATION, HE, SHE, OR IT
 MUST CEASE MAKING PUBLIC THE PERSONAL INFORMATION OF THE ELIGIBLE  COURT
 OFFICIAL  IDENTIFIED  IN  SUCH  REQUEST, AND (II) WITHIN TWENTY BUSINESS
 DAYS OF SUCH RECEIPT, MUST DELETE OR OTHERWISE REMOVE ANY EXISTING POST-
 ING ON THE INTERNET AND ANY DISPLAY OR PUBLICATION IN ANY MEDIUM  ACCES-
 SIBLE TO THE PUBLIC CONTAINING SUCH PERSONAL INFORMATION AS IS SPECIFIED
 IN  THE  WRITTEN  REQUEST OF THE ELIGIBLE COURT OFFICIAL ON WHOSE BEHALF
 THE NOTIFICATION IS MADE. FOR PURPOSES OF THIS  PARAGRAPH,  NOTIFICATION
 SHALL  BE  BY  CERTIFIED  MAIL,  RETURN RECEIPT REQUESTED, EITHER AT THE
 RECIPIENT'S LAST KNOWN RESIDENCE (IF RECIPIENT IS A PERSON)  OR  AT  THE
 RECIPIENT'S  PRINCIPAL  OFFICE (WHICH SHALL BE THE LOCATION AT WHICH THE
 OFFICE OF THE CHIEF EXECUTIVE OFFICER  OF  THE  RECIPIENT  IS  GENERALLY
 LOCATED).
   3.  EACH  ELIGIBLE COURT OFFICIAL TO WHOM PARAGRAPH (A) OF SUBDIVISION
 TWO OF THIS SECTION DOES NOT APPLY  MAY  NOTIFY  ANY  PERSON,  BUSINESS,
 ASSOCIATION,  AND  PUBLIC  OR  PRIVATE  AGENCY THAT (I) BEGINNING WITHIN
 SEVENTY-TWO HOURS OF RECEIPT OF SUCH NOTIFICATION, THE RECIPIENT THEREOF
 MUST CEASE MAKING PUBLIC SUCH  PERSONAL  INFORMATION  OF  SUCH  ELIGIBLE
 COURT  OFFICIAL  AS  MAY  BE  SPECIFIED  IN  THE NOTIFICATION (INCLUDING
 PERSONAL INFORMATION OF SUCH IMMEDIATE FAMILY MEMBERS IDENTIFIED IN  THE
 NOTIFICATION), AND (II) WITHIN TWENTY BUSINESS DAYS OF SUCH RECEIPT, THE
 RECIPIENT  THEREOF  MUST DELETE OR OTHERWISE REMOVE ANY EXISTING POSTING
 ON THE INTERNET AND ANY DISPLAY OR PUBLICATION IN ANY MEDIUM  ACCESSIBLE
 TO THE PUBLIC CONTAINING SUCH PERSONAL INFORMATION. FOR PURPOSES OF THIS
 SUBDIVISION,  NOTIFICATION  SHALL  BE  BY CERTIFIED MAIL, RETURN RECEIPT
 REQUESTED, EITHER AT THE RECIPIENT'S LAST KNOWN ADDRESS, IF RECIPIENT IS
 A PERSON, OR AT THE RECIPIENT'S PRINCIPAL  OFFICE  WHICH  SHALL  BE  THE
 LOCATION  AT  WHICH  THE  OFFICE  OF  THE CHIEF EXECUTIVE OFFICER OF THE
 RECIPIENT IS GENERALLY LOCATED.
   4. DURATION OF NOTIFICATION. A NOTIFICATION ISSUED  ON  BEHALF  OF  AN
 ELIGIBLE  COURT  OFFICIAL  PURSUANT  TO SUBDIVISION TWO OR THREE OF THIS
 SECTION EXPIRES ON HIS OR HER DEATH; PROVIDED, HOWEVER, WHERE A  NOTIFI-

 A. 7600                             4
 
 CATION HEREUNDER BARS MAKING PUBLIC THE PERSONAL INFORMATION OF A MEMBER
 OF  AN ELIGIBLE COURT OFFICIAL'S IMMEDIATE FAMILY, THAT BAR SHALL REMAIN
 IN EFFECT UNTIL THE DEATH OF SUCH IMMEDIATE FAMILY  MEMBER  UNLESS  THAT
 PERSON OR THE ELIGIBLE COURT OFFICIAL SOONER RESCINDS IT. IF AN ELIGIBLE
 COURT  OFFICIAL  WISHES  TO  RESCIND  SUCH A NOTIFICATION, HE OR SHE MAY
 PROVIDE A PERSON, BUSINESS, ASSOCIATION, OR  PUBLIC  OR  PRIVATE  AGENCY
 WITH WRITTEN PERMISSION TO MAKE PUBLIC HIS OR HER PERSONAL INFORMATION.
   5.  RECIPIENT OF NOTIFICATION NOT TO MAKE AN ELIGIBLE COURT OFFICIAL'S
 PERSONAL INFORMATION PUBLIC; JUDICIAL RELIEF AVAILABLE UPON  NON-COMPLI-
 ANCE.  (A)  AFTER  A PERSON, BUSINESS, ASSOCIATION, OR PUBLIC OR PRIVATE
 AGENCY HAS RECEIVED A NOTIFICATION PURSUANT TO PARAGRAPH (B) OF SUBDIVI-
 SION TWO OR SUBDIVISION THREE OF THIS SECTION, HE, SHE, OR IT SHALL HAVE
 (I) SEVENTY-TWO HOURS TO CEASE MAKING PUBLIC THE PERSONAL INFORMATION OF
 THE ELIGIBLE COURT OFFICIAL IDENTIFIED IN SUCH  NOTIFICATION,  AND  (II)
 TWENTY  BUSINESS  DAYS  WITHIN  WHICH  TO DELETE OR OTHERWISE REMOVE ANY
 EXISTING POSTINGS ON THE INTERNET AND ANY DISPLAY OR PUBLICATION IN  ANY
 MEDIUM ACCESSIBLE TO THE PUBLIC CONTAINING SUCH PERSONAL INFORMATION.
   (B) JUDICIAL RELIEF. AN ELIGIBLE COURT OFFICIAL MAY SEEK AN INJUNCTION
 OR  DECLARATORY  RELIEF  IN  A COURT OF COMPETENT JURISDICTION AGAINST A
 PERSON, BUSINESS, ASSOCIATION, OR PUBLIC OR PRIVATE AGENCY  THAT,  AFTER
 RECEIVING A NOTIFICATION PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
 THIS  SECTION,  FAILS  TIMELY  TO  COMPLY  WITH THE REQUIREMENTS OF SUCH
 NOTIFICATION. IF THE COURT GRANTS SUCH INJUNCTIVE OR DECLARATORY RELIEF,
 THE AFFECTED PERSON, BUSINESS, ASSOCIATION, OR AGENCY SHALL BE  REQUIRED
 TO  PAY  THE  ELIGIBLE  COURT OFFICIAL'S COSTS AND REASONABLE ATTORNEY'S
 FEES.
   (C) UPON A VIOLATION OF ANY ORDER GRANTING INJUNCTIVE  OR  DECLARATIVE
 RELIEF OBTAINED PURSUANT TO THIS PARAGRAPH, THE COURT ISSUING SUCH ORDER
 MAY:  (I)  WHERE  THE  VIOLATOR  IS  A  PUBLIC ENTITY, IMPOSE A FINE NOT
 EXCEEDING ONE THOUSAND DOLLARS AND REQUIRE THE PAYMENT  OF  COURT  COSTS
 AND  REASONABLE  ATTORNEY  FEES; OR (II) WHERE THE VIOLATOR IS A PERSON,
 BUSINESS, ASSOCIATION, OR PRIVATE AGENCY, AWARD DAMAGES TO THE  AFFECTED
 ELIGIBLE  COURT OFFICIAL IN AN AMOUNT UP TO A MAXIMUM OF THREE TIMES THE
 ACTUAL DAMAGES, BUT NOT LESS THAN FOUR THOUSAND DOLLARS, AND REQUIRE THE
 PAYMENT OF COURT COSTS AND REASONABLE ATTORNEY FEES.
   § 3. Section 120.09 of the penal law, as added by chapter 148  of  the
 laws of 2011, is amended to read as follows:
 § 120.09 Assault on a judge.
   A  person  is  guilty of assault on a judge when, with intent to cause
 serious physical injury and prevent a  judge  from  performing  official
 judicial duties, he or she causes serious physical injury to such judge.
 For  the purposes of this section, the term judge shall [mean a] INCLUDE
 AN ACTIVELY EMPLOYED OR FORMER judge [of a court of record or a  justice
 court]  OR JUSTICE OF THE UNIFIED COURT SYSTEM, INCLUDING A JUDGE OF THE
 HOUSING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK, AND AN ACTIVELY
 EMPLOYED OR FORMER FEDERAL JUDGE OR MAGISTRATE  WHO  SITS  IN  NEW  YORK
 STATE  OR,  IF  A FORMER FEDERAL JUDGE OR MAGISTRATE, WHO, WHILE ACTIVE,
 SAT IN NEW YORK STATE.
   Assault on a judge is a class C felony.
   § 4. Section 120.40 of the penal law is amended by  adding  three  new
 subdivisions 6, 7 and 8 to read as follows:
   6.  "SOCIAL  NETWORKING  WEBSITES" SHALL MEAN WEBSITES ON THE INTERNET
 THAT PERMIT PERSONS TO BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISH-
 ING RELATIONSHIPS WITH OTHER USERS, WHERE SUCH PERSONS  (I)  MAY  CREATE
 WEB  PAGES  OR PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES AND/OR
 UPLOAD PHOTOS, VIDEO, WRITTEN POSTS, AND OTHER CONTENT  WHERE  SUCH  WEB

 A. 7600                             5
 
 PAGES  OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS, AND/OR
 (II) MAY COMMUNICATE WITH OTHER  USERS,  SUCH  AS  THROUGH  CHAT  ROOMS,
 INSTANT MESSENGER, DIRECT MESSAGING, EMAILING, AND/OR MESSAGE BOARDS.
   7.  "PERSONAL  INFORMATION"  SHALL INCLUDE, BUT IS NOT LIMITED TO, THE
 FOLLOWING (I) HOME ADDRESS, (II) UNLISTED TELEPHONE NUMBER,  (III)  CELL
 PHONE NUMBER, (IV) EMAIL ADDRESS, (V) SOCIAL SECURITY NUMBER, (VI) DRIV-
 ER  LICENSE NUMBER, (VII) MARITAL STATUS AND IDENTITY OF ANY PRESENT AND
 FORMER SPOUSE, (VIII) IDENTITY OF CHILDREN  UNDER  EIGHTEEN,  (IX)  BANK
 ACCOUNT NUMBER, (X) CREDIT OR DEBIT CARD NUMBER, (XI) PERSONAL IDENTIFI-
 CATION  NUMBER  (PIN),  (XII)  AUTOMATED OR ELECTRONIC SIGNATURE, (XIII)
 UNIQUE BIOMETRIC DATA, AND (XIV) ACCOUNT PASSWORDS.
   8. "JUDGE" SHALL INCLUDE AN  ACTIVELY  EMPLOYED  OR  FORMER  JUDGE  OR
 JUSTICE  OF  THE  UNIFIED COURT SYSTEM, INCLUDING A JUDGE OF THE HOUSING
 PART OF THE CIVIL COURT OF  THE  CITY  OF  NEW  YORK,  AND  AN  ACTIVELY
 EMPLOYED  OR  FORMER  FEDERAL  JUDGE  OR MAGISTRATE WHO SITS IN NEW YORK
 STATE OR, IF A FORMER FEDERAL JUDGE OR MAGISTRATE,  WHO,  WHILE  ACTIVE,
 SAT IN NEW YORK STATE.
   §  5.  Subdivision 2 of section 120.45 of the penal law, as amended by
 chapter 184 of the laws of 2014, is amended to read as follows:
   2. causes material harm to the mental  or  emotional  health  of  such
 person, where such conduct consists of EITHER (I) following, telephoning
 or  initiating  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  (II) DISSEMINATING PERSONAL INFORMATION THROUGH OR POSTING
 PERSONAL INFORMATION ON SOCIAL NETWORKING WEBSITES ABOUT SUCH PERSON,  A
 MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY OR A THIRD PARTY WITH WHOM SUCH
 PERSON IS ACQUAINTED; or
   §  6.  The first undesignated paragraph of section 120.45 of the penal
 law, as amended by chapter 184 of the laws of 2014, is amended  to  read
 as follows:
   For  the  purposes  of  THIS  SECTION, IT SHALL CONSTITUTE PRESUMPTIVE
 EVIDENCE OF "HAVING NO LEGITIMATE PURPOSE" WHEN (I) THE  VICTIM  OF  THE
 CONDUCT  DESCRIBED  UNDER THIS SECTION IS A JUDGE, OR A MEMBER OF HIS OR
 HER IMMEDIATE FAMILY, AND (II)  THE  PERSON  CHARGED  PURSUANT  TO  THIS
 SECTION,  OR  A  MEMBER  OF  SUCH PERSON'S IMMEDIATE FAMILY, WAS OR IS A
 PARTY TO A JUDICIAL PROCEEDING PENDING BEFORE THAT JUDGE.  FOR  PURPOSES
 OF  subdivision two of this section, "following" shall include the unau-
 thorized tracking of such person's movements or location through the use
 of a global positioning system or other device AND (II) ANY  POSTING  ON
 SOCIAL NETWORKING WEBSITES OF PERSONAL INFORMATION SHALL BE CONSIDERED A
 "COURSE  OF CONDUCT" WHEN THE DEFENDANT HAS BEEN NOTIFIED THAT THE INDI-
 VIDUAL WHOSE PERSONAL INFORMATION HAS  BEEN  POSTED  HAS  REQUESTED  THE
 DISSEMINATION  CEASE  AND/OR THE POSTING BE DELETED OR OTHERWISE REMOVED
 FROM ONLINE PUBLICATION AND SEVENTY-TWO HOURS HAVE ELAPSED WITHOUT  SUCH
 CESSATION, DELETION, OR REMOVAL BEING EITHER REQUESTED OR COMPLETED.
   §  7.  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
 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 FOURTH DEGREE, AS DEFINED IN
 SECTION 120.45 OF THIS ARTICLE, AGAINST A JUDGE OR A MEMBER OF A JUDGE'S
 IMMEDIATE FAMILY.

 A. 7600                             6
 
   § 8. Section 120.60 of the penal law, as amended by chapter 434 of the
 laws of 2000, is amended to read as follows:
 § 120.60 Stalking in the first degree.
   A person is guilty of stalking in the first degree when he or she:
   1.  commits  the  crime  of stalking in the third degree as defined in
 subdivision three of section 120.50 or stalking in the second degree  as
 defined  in section 120.55 of this article and, in the course and furth-
 erance thereof, he or she:
   [1.] (A) intentionally or recklessly causes  physical  injury  to  the
 victim of such crime; or
   [2.]  (B) 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
   2.  COMMITS  THE CRIME OF STALKING IN THE SECOND DEGREE, AS DEFINED IN
 SUBDIVISION SIX OF SECTION 120.55, AND HAS PREVIOUSLY BEEN CONVICTED  OF
 AN  OFFENSE  DEFINED UNDER SECTIONS 120.45, 120.50, 120.55, OR 120.60 OF
 THIS ARTICLE WITHIN THE PRIOR FIVE YEARS.
   Stalking in the first degree is a class D felony.
   § 9. Notwithstanding provisions of the election law to  the  contrary,
 where a board of elections receives a notification pursuant to paragraph
 (b)  of  subdivision  2 or subdivision 3 of section 858 of the judiciary
 law, as added by section two of this act, the board shall comply  there-
 with  except  that,  where  the notification requires the board to cease
 making a person's address public, the board shall not  comply  therewith
 until  such time as any period prescribed by law for a challenge to such
 person as a candidate for political office on the basis of  his  or  her
 residence shall have expired.
   §  10.  Notwithstanding  any  other  provision of law, where the state
 department of motor vehicles receives a notification pursuant  to  para-
 graph  (b) of subdivision 2 or subdivision 3 of section 858 of the judi-
 ciary law, as added by section two of this  act,  the  department  shall
 comply  therewith  except  that,  where  the  notification  requires the
 department to cease making a person's address public, the department may
 make public his or her business address.
   § 11. This act shall take effect on the ninetieth day after  it  shall
 have  become a law; provided, however, the provisions of sections three,
 four, five, six, seven and eight of this act shall not take effect until
 the first day of November next succeeding the  ninetieth  day  following
 the date on which this act shall become a law.