Senate Bill S5505

2023-2024 Legislative Session

Redefines the term "following" for a crime of stalking in the fourth degree

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-S5505 (ACTIVE) - Details

See Assembly Version of this Bill:
A7851
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S8800

2023-S5505 (ACTIVE) - Summary

Redefines the term "following" for a crime of stalking in the fourth degree to include the use of certain devices or computers to gain access to, record, track or report the movement or location of a person or their property without the person's permission or authority to do so.

2023-S5505 (ACTIVE) - Sponsor Memo

2023-S5505 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5505
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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  redefining  the  term
   "following" for a crime of 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. The second undesignated paragraph of section 120.45 of  the
 penal  law,  as  added by chapter 184 of the laws of 2014, is amended to
 read as follows:
   For the purposes of subdivision two of this section, "following" shall
 include the unauthorized tracking of such person's movements or location
 through the use [of a global positioning system or other device], PLACE-
 MENT, ATTACHMENT OR  INSERTION  OF  ANY  DEVICE  OR  COMPUTER  SOFTWARE,
 PROGRAM,  SPYWARE,  MALWARE  OR  ADWARE  THAT  GAINS ACCESS TO, RECORDS,
 TRACKS OR REPORTS A MOVEMENT OR LOCATION OF A PERSON OR  THEIR  PROPERTY
 WITHOUT  THE  PERSON'S  PERMISSION  OR  AUTHORITY  TO  DO SO. A PERSON'S
 EMPLOYER UTILIZING LOCATION OR TRACKING  TECHNOLOGY  DURING  THE  NORMAL
 COURSE  OF  BUSINESS  OR  PURSUANT  TO AN EMPLOYMENT AGREEMENT SHALL NOT
 CONSTITUTE STALKING UNDER THIS STATUTE.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08367-01-3

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