STATE OF NEW YORK
________________________________________________________________________
5960
2021-2022 Regular Sessions
IN ASSEMBLY
March 2, 2021
___________
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 320
3 of the laws of 2006 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.
11 2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony
12 crime defined in article one hundred thirty-five of this chapter.
13 3. "Sex offense" shall mean a felony defined in article one hundred
14 thirty of this chapter, sexual misconduct, as defined in section 130.20
15 of this chapter, sexual abuse in the third degree as defined in section
16 130.55 of this chapter or sexual abuse in the second degree as defined
17 in section 130.60 of this chapter.
18 4. "Immediate family" means the spouse, former spouse, parent, child,
19 sibling, or any other person who regularly resides or has regularly
20 resided in the household of a person.
21 5. "Specified predicate crime" means:
22 a. a violent felony offense;
23 b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
24 130.55, 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.
LBD07985-01-1
A. 5960 2
1 c. assault in the third degree, as defined in section 120.00; menacing
2 in the first degree, as defined in section 120.13; menacing in the
3 second degree, as defined in section 120.14; coercion in the first
4 degree, as defined in section 135.65; coercion in the second degree, as
5 defined in section 135.61; coercion in the third degree, as defined in
6 section 135.60; aggravated harassment in the second degree, as defined
7 in section 240.30; harassment in the first degree, as defined in section
8 240.25; menacing in the third degree, as defined in section 120.15;
9 criminal mischief in the third degree, as defined in section 145.05;
10 criminal mischief in the second degree, as defined in section 145.10,
11 criminal mischief in the first degree, as defined in section 145.12;
12 criminal tampering in the first degree, as defined in section 145.20;
13 arson in the fourth degree, as defined in section 150.05; arson in the
14 third degree, as defined in section 150.10; criminal contempt in the
15 first degree, as defined in section 215.51; endangering the welfare of a
16 child, as defined in section 260.10; or
17 d. stalking in the fourth degree, as defined in section 120.45; stalk-
18 ing in the third degree, as defined in section 120.50; stalking in the
19 second degree, as defined in section 120.55; stalking a police officer
20 or peace officer in the third degree, as defined in section 120.80;
21 stalking a police officer or peace officer in the second degree, as
22 defined in section 120.85; or
23 e. an offense in any other jurisdiction which includes all of the
24 essential elements of any such crime for which a sentence to a term of
25 imprisonment in excess of one year or a sentence of death was authorized
26 and is authorized in this state irrespective of whether such sentence
27 was imposed.
28 § 2. The penal law is amended by adding a new section 120.80 to read
29 as follows:
30 § 120.80 Stalking a police officer or peace officer in the third degree.
31 A person is guilty of stalking a police officer or peace officer in
32 the third degree when he or she intentionally, and for no legitimate
33 purpose, engages in a course of conduct directed at a specific police
34 officer, peace officer or a person who he or she knows or reasonably
35 should know is a member of such officer's immediate family, and knows or
36 reasonably should know that such conduct:
37 1. is likely to cause reasonable fear of material harm to the physical
38 health, safety or property of such officer or member of such officer's
39 immediate family; or
40 2. causes material harm to the mental or emotional health of such
41 officer or member of such officer's immediate family, where such conduct
42 consists of the following, telephoning or initiating communication or
43 contact with such officer or a member of such officer's immediate fami-
44 ly, and the actor was previously clearly informed to cease that conduct.
45 For purposes of subdivision two of this section, "following" shall
46 include the unauthorized tracking of a police officer, peace officer, or
47 immediate family member of such officer's movements or location through
48 the use of a global positioning system or other device.
49 Stalking a police officer or peace officer in the third degree is a
50 class E felony.
51 § 3. The penal law is amended by adding a new section 120.85 to read
52 as follows:
53 § 120.85 Stalking a police officer or peace officer in the second
54 degree.
55 A person is guilty of stalking a police officer or peace officer in
56 the second degree when he or she:
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1 1. Commits the crime of stalking a police officer or peace officer in
2 the third degree in violation of section 120.80 of this article against
3 two or more police officers, peace officers, or a person who he or she
4 knows or reasonably should know is a member of any such officer's imme-
5 diate family, in two or more separate transactions, for which the actor
6 has not been previously convicted; or
7 2. Commits the crime of stalking a police officer or peace officer in
8 the third degree in violation of section 120.80 of this article against
9 any police officer or peace officer, or a person who he or she knows or
10 reasonably should know is a member of such officer's immediate family,
11 and has previously been convicted, within the preceding ten years of a
12 specified predicate crime, as defined in subdivision five of section
13 120.40 of this article, and the victim of such predicate crime is the
14 victim police officer, peace officer, or a person who he or she knows or
15 reasonably should know is a member of such officer's immediate family;
16 or
17 3. With intent to harass, annoy or alarm a specific police officer,
18 peace officer, or a person who he or she knows or reasonably should know
19 is a member of such officer's immediate family, intentionally engages in
20 a course of conduct directed at such police officer, peace officer or a
21 person who he or she knows or reasonably should know is a member of such
22 officer's immediate family, which is likely to cause a specific police
23 officer, peace officer or a person who he or she knows or reasonably
24 should know is a member of such officer's immediate family to reasonably
25 fear physical injury or serious physical injury, the commission of a sex
26 offense against, or the kidnapping, unlawful imprisonment or death of a
27 specific police officer, peace officer or person he or she knows or
28 reasonably should know is a member of such officer's immediate family;
29 or
30 4. Commits the crime of stalking a police officer or peace officer in
31 the third degree in violation of section 120.80 of this article and has
32 previously been convicted within the preceding ten years of stalking a
33 police officer or peace officer in the third degree.
34 Stalking a police officer or peace officer in the second degree is a
35 class D felony.
36 § 4. The penal law is amended by adding a new section 120.90 to read
37 as follows:
38 § 120.90 Stalking a police officer or peace officer in the first degree.
39 A person is guilty of stalking a police officer or peace officer in
40 the first degree when he or she commits the crime of stalking a police
41 officer or peace officer in the third degree as defined in section
42 120.80 of this article or stalking a police officer or peace officer in
43 the second degree as defined in section 120.85 of this article and, in
44 the course and furtherance thereof, he or she:
45 1. Intentionally or recklessly causes physical injury to the victim of
46 such crime; or
47 2. Commits a class A misdemeanor defined in article one hundred thirty
48 of this chapter, or a class E felony defined in section 130.25, 130.40
49 or 130.85 of this chapter, or a class D felony defined in section 130.30
50 or 130.45 of this chapter.
51 Stalking a police officer or peace officer in the first degree is a
52 class C felony.
53 § 5. This act shall take effect on the ninetieth day after it shall
54 have become a law.