A01478 Summary:
| BILL NO | A01478 |
| SAME AS | No Same As |
| SPONSOR | Ramos |
| COSPNSR | |
| MLTSPNSR | |
| Amd §120.40, add §§120.80, 120.85 & 120.90, Pen L | |
| Relates to criminalizing the act of stalking a police officer or peace officer. | |
A01478 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 1478 2025-2026 Regular Sessions IN ASSEMBLY January 10, 2025 ___________ 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: 1 Section 1. Section 120.40 of the penal law, as added by chapter 635 of 2 the laws of 1999, paragraph b of subdivision 5 as amended by chapter 23 3 of the laws of 2024 and paragraph c of subdivision 5 as amended by 4 section 7 of part NN of chapter 55 of the laws of 2018, is amended to 5 read as follows: 6 § 120.40 Definitions. 7 For purposes of sections 120.45, 120.50, 120.55 [and], 120.60, 120.80, 8 120.85, and 120.90 of this article: 9 1. "Kidnapping" shall mean a kidnapping crime defined in article one 10 hundred thirty-five of this [chapter] title. 11 2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony 12 crime defined in article one hundred thirty-five of this [chapter] 13 title. 14 3. "Sex offense" shall mean a felony defined in article one hundred 15 thirty of this [chapter] title, sexual misconduct, as defined in section 16 130.20 of this [chapter] title, sexual abuse in the third degree as 17 defined in section 130.55 of this [chapter] title or sexual abuse in the 18 second degree as defined in section 130.60 of this [chapter] title. 19 4. "Immediate family" means the spouse, former spouse, parent, child, 20 sibling, or any other person who regularly resides or has regularly 21 resided in the household of a person. 22 5. "Specified predicate crime" means: 23 a. a violent felony offense; 24 b. a crime defined in section 130.20, 130.25, 130.30, 130.55, 130.60, 25 130.70, 255.25, 255.26 or 255.27, or formerly defined in section 130.40 26 or 130.45; 27 c. assault in the third degree, as defined in section 120.00; menacing 28 in the first degree, as defined in section 120.13; menacing in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02425-01-5A. 1478 2 1 second degree, as defined in section 120.14; coercion in the first 2 degree, as defined in section 135.65; coercion in the second degree, as 3 defined in section 135.61; coercion in the third degree, as defined in 4 section 135.60; aggravated harassment in the second degree, as defined 5 in section 240.30; harassment in the first degree, as defined in section 6 240.25; menacing in the third degree, as defined in section 120.15; 7 criminal mischief in the third degree, as defined in section 145.05; 8 criminal mischief in the second degree, as defined in section 145.10, 9 criminal mischief in the first degree, as defined in section 145.12; 10 criminal tampering in the first degree, as defined in section 145.20; 11 arson in the fourth degree, as defined in section 150.05; arson in the 12 third degree, as defined in section 150.10; criminal contempt in the 13 first degree, as defined in section 215.51; endangering the welfare of a 14 child, as defined in section 260.10; or 15 d. stalking in the fourth degree, as defined in section 120.45; stalk- 16 ing in the third degree, as defined in section 120.50; stalking in the 17 second degree, as defined in section 120.55; stalking a police officer 18 or peace officer in the third degree, as defined in section 120.80; 19 stalking a police officer or peace officer in the second degree, as 20 defined in section 120.85; or 21 e. an offense in any other jurisdiction which includes all of the 22 essential elements of any such crime for which a sentence to a term of 23 imprisonment in excess of one year or a sentence of death was authorized 24 and is authorized in this state irrespective of whether such sentence 25 was imposed. 26 § 2. The penal law is amended by adding a new section 120.80 to read 27 as follows: 28 § 120.80 Stalking a police officer or peace officer in the third degree. 29 A person is guilty of stalking a police officer or peace officer in 30 the third degree when such person intentionally, and for no legitimate 31 purpose, engages in a course of conduct directed at a specific police 32 officer, peace officer or a person who such person knows or reasonably 33 should know is a member of such officer's immediate family, and knows or 34 reasonably should know that such conduct: 35 1. is likely to cause reasonable fear of material harm to the physical 36 health, safety or property of such officer or member of such officer's 37 immediate family; or 38 2. causes material harm to the mental or emotional health of such 39 officer or member of such officer's immediate family, where such conduct 40 consists of the following, telephoning or initiating communication or 41 contact with such officer or a member of such officer's immediate fami- 42 ly, and the actor was previously clearly informed to cease that conduct. 43 For purposes of subdivision two of this section, "following" shall 44 include the unauthorized tracking of a police officer, peace officer, or 45 immediate family member of such officer's movements or location through 46 the use of a global positioning system or other device. 47 Stalking a police officer or peace officer in the third degree is a 48 class E felony. 49 § 3. The penal law is amended by adding a new section 120.85 to read 50 as follows: 51 § 120.85 Stalking a police officer or peace officer in the second 52 degree. 53 A person is guilty of stalking a police officer or peace officer in 54 the second degree when such person: 55 1. Commits the crime of stalking a police officer or peace officer in 56 the third degree in violation of section 120.80 of this article againstA. 1478 3 1 two or more police officers, peace officers, or a person who such person 2 knows or reasonably should know is a member of any such officer's imme- 3 diate family, in two or more separate transactions, for which the actor 4 has not been previously convicted; or 5 2. Commits the crime of stalking a police officer or peace officer in 6 the third degree in violation of section 120.80 of this article against 7 any police officer or peace officer, or a person who such person knows 8 or reasonably should know is a member of such officer's immediate fami- 9 ly, and has previously been convicted, within the preceding ten years of 10 a specified predicate crime, as defined in subdivision five of section 11 120.40 of this article, and the victim of such predicate crime is the 12 victim police officer, peace officer, or a person who such person knows 13 or reasonably should know is a member of such officer's immediate fami- 14 ly; or 15 3. With intent to harass, annoy or alarm a specific police officer, 16 peace officer, or a person who such person knows or reasonably should 17 know is a member of such officer's immediate family, intentionally 18 engages in a course of conduct directed at such police officer, peace 19 officer or a person who such person knows or reasonably should know is a 20 member of such officer's immediate family, which is likely to cause a 21 specific police officer, peace officer or a person who such person knows 22 or reasonably should know is a member of such officer's immediate family 23 to reasonably fear physical injury or serious physical injury, the 24 commission of a sex offense against, or the kidnapping, unlawful impri- 25 sonment or death of a specific police officer, peace officer or person 26 such person knows or reasonably should know is a member of such offi- 27 cer's immediate family; or 28 4. Commits the crime of stalking a police officer or peace officer in 29 the third degree in violation of section 120.80 of this article and has 30 previously been convicted within the preceding ten years of stalking a 31 police officer or peace officer in the third degree. 32 Stalking a police officer or peace officer in the second degree is a 33 class D felony. 34 § 4. The penal law is amended by adding a new section 120.90 to read 35 as follows: 36 § 120.90 Stalking a police officer or peace officer in the first degree. 37 A person is guilty of stalking a police officer or peace officer in 38 the first degree when such person commits the crime of stalking a police 39 officer or peace officer in the third degree as defined in section 40 120.80 of this article or stalking a police officer or peace officer in 41 the second degree as defined in section 120.85 of this article and, in 42 the course and furtherance thereof, such person: 43 1. Intentionally or recklessly causes physical injury to the victim of 44 such crime; or 45 2. Commits a class A misdemeanor defined in article one hundred thirty 46 of this title, or a class E felony defined in section 130.25, former 47 130.40 or 130.85 of this title, or a class D felony defined in section 48 130.30 or former 130.45 of this title. 49 Stalking a police officer or peace officer in the first degree is a 50 class C felony. 51 § 5. This act shall take effect on the ninetieth day after it shall 52 have become a law.