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A00867 Summary:

BILL NOA00867
 
SAME ASNo Same As
 
SPONSORGlick
 
COSPNSREachus, Bores, Alvarez, Yeger, Jacobson, Buttenschon
 
MLTSPNSR
 
Amd §120.45, Pen L
 
Includes the use of Bluetooth technology in the definition of "following" a person, as it relates to the crime of stalking in the fourth degree.
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A00867 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           867
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of A. GLICK, EACHUS -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to including certain  use  of
          Bluetooth  technology  to  follow a person in the 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:
 
     1    Section 1.  Section 120.45 of the penal law, as amended by chapter 184
     2  of the laws of 2014, is amended to read as follows:
     3  § 120.45 Stalking in the fourth degree.
     4    A  person  is guilty of stalking in the fourth degree when [he or she]
     5  such person intentionally, and for no legitimate purpose, engages  in  a
     6  course of conduct directed at a specific person, and knows or reasonably
     7  should know that such conduct:
     8    1. is likely to cause reasonable fear of material harm to the physical
     9  health,  safety  or  property  of such person, a member of such person's
    10  immediate family or a third party with whom such person  is  acquainted;
    11  or
    12    2.  causes  material  harm  to  the mental or emotional health of such
    13  person, where such conduct consists of following, telephoning or  initi-
    14  ating  communication  or  contact  with  such  person,  a member of such
    15  person's immediate family or a third party  with  whom  such  person  is
    16  acquainted,  and the actor was previously clearly informed to cease that
    17  conduct; or
    18    3. is likely to cause such person to reasonably fear that [his or her]
    19  such person's employment, business or career is threatened,  where  such
    20  conduct  consists  of appearing, telephoning or initiating communication
    21  or contact at such person's place of employment  or  business,  and  the
    22  actor was previously clearly informed to cease that conduct.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03028-01-5

        A. 867                              2
 
     1    For the purposes of subdivision two of this section, "following" shall
     2  include the unauthorized tracking of such person's movements or location
     3  through the use of a global positioning system, Bluetooth technology, or
     4  other device.
     5    Stalking in the fourth degree is a class B misdemeanor.
     6    § 2. This act shall take effect immediately.
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