NY State Senate Bill 2023-S2522

Current 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 03, 2024	referred to codes
Jan 23, 2023	referred to codes

2023-S2522 (ACTIVE) - Details

See Assembly Version of this Bill:: A1562
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.40, add §120.80, Pen L; amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8824, A10970
2021-2022: S2226, A1066

2023-S2522 (ACTIVE) - Summary

Creates the crime of stalking a police officer or peace officer when a person 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 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; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

2023-S2522 (ACTIVE) - Sponsor Memo

2023-S2522 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2522
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to  creating the crime 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, paragraph b of subdivision 5 as amended by chapter 320
 of  the  laws  of  2006  and  paragraph c of subdivision 5 as amended by
 section 7 of part NN of chapter 55 of the laws of 2018,  is  amended  to
 read as follows:
 § 120.40 Definitions.
   For  purposes  of  sections  120.45,  120.50, 120.55 [and], 120.60 AND
 120.80 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04842-02-3

 S. 2522                             2
 
   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 135.61; coercion in the third 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 AS DEFINED IN SECTION 120.80; 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.
   § 2. The penal law is amended by adding a new section 120.80  to  read
 as follows:
 § 120.80 STALKING A POLICE OFFICER OR PEACE OFFICER.
   A PERSON IS GUILTY OF STALKING A POLICE OFFICER OR PEACE OFFICER WHEN:
   1.  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 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;
   2. 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 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  COMMUNI-
 CATION  OR CONTACT WITH SUCH OFFICER OR A MEMBER OF SUCH OFFICER'S IMME-
 DIATE FAMILY, AND THE ACTOR WAS PREVIOUSLY  CLEARLY  INFORMED  TO  CEASE
 THAT CONDUCT; OR
   3. HE OR SHE INTENTIONALLY, AND FOR NO LEGITIMATE PURPOSE, APPROACHES,
 WITHIN ONE HUNDRED YARDS, THE PRIVATE RESIDENCE OR PLACE OF LODGING OF A
 POLICE  OFFICER  OR  PEACE OFFICER, WITHOUT THE CONSENT OF SUCH OFFICER,
 FOR REASONS RELATED TO THE OFFICER'S STATUS OR SERVICE AS A POLICE OFFI-
 CER OR PEACE OFFICER AND SUCH PURPOSES ARE FOR THE PURPOSE OF HARMING OR
 INTIMIDATING THE OFFICER OR THE OFFICER'S IMMEDIATE FAMILY.
   FOR PURPOSES OF SUBDIVISION TWO OF  THIS  SECTION,  "FOLLOWING"  SHALL
 INCLUDE THE UNAUTHORIZED TRACKING OF A POLICE OFFICER, PEACE OFFICER, OR
 SUCH OFFICER'S IMMEDIATE FAMILY MEMBER MOVEMENTS OR LOCATION THROUGH THE
 USE OF A GLOBAL POSITIONING SYSTEM OR OTHER DEVICE.
 S. 2522                             3
 
   STALKING A POLICE OFFICER OR PEACE OFFICER IS A CLASS E FELONY.
   §  3.  Paragraph (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  STALKING  A  POLICE  OFFICER  OR  PEACE  OFFICER AS DEFINED UNDER
 SECTION 120.80 OF THE PENAL LAW.
   § 4. Paragraphs (xx) and (xxi) of paragraph (b) of  subdivision  1  of
 section  530.20 of the criminal procedure law, paragraph (xx) as amended
 and paragraph (xxi) as added by section 4 of subpart C  of  part  UU  of
 chapter  56  of the laws of 2022, are amended and a new paragraph (xxii)
 is added to read as follows:
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, provided, however, that the prosecutor must show reasonable
 cause to believe that the defendant committed the instant crime and  any
 underlying  crime.  For  the  purposes  of this subparagraph, any of the
 underlying crimes need not be a qualifying offense as  defined  in  this
 subdivision.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 S. 2522                             4
 
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII)  STALKING  A  POLICE  OFFICER OR PEACE OFFICER AS DEFINED UNDER
 SECTION 120.80 OF THE PENAL LAW.
   § 5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 4 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) STALKING A POLICE  OFFICER  OR  PEACE  OFFICER  AS  DEFINED  UNDER
 SECTION 120.80 OF THE PENAL LAW.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S2522

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2023-S2522 (ACTIVE) - Details

2023-S2522 (ACTIVE) - Summary

2023-S2522 (ACTIVE) - Sponsor Memo

2023-S2522 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2522

Share this bill

Sponsored By

Pamela Helming

Current Bill Status - In Senate Committee Codes Committee

2023-S2522 (ACTIVE) - Details

2023-S2522 (ACTIVE) - Summary

2023-S2522 (ACTIVE) - Sponsor Memo

2023-S2522 (ACTIVE) - Bill Text download pdf

Comments