NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7720B
SPONSOR: Peoples-Stokes TITLE OF BILL: An act to amend the penal law, in relation to stalking
in the fourth degree
PURPOSE OR GENERAL IDEA OF THE BILL: To include the unauthorized
tracking of an individual, with a GPS or other device, within the mean-
ing of "following" in the crime of stalking in the fourth degree.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 120.45 of the penal law, to include the unau-
thorized tracking of an individual, with a GPS or other device, within
the meaning of "following" in the crime of stalking in the fourth
degree.
JUSTIFICATION: The U.S. Department of Justice reports that one in
four cases of stalking involves the use of some type of technology. One
in 13 cases involves electronic monitoring, and Global Positioning
System (GPS) tracking is used in one-tenth of those cases. Many of these
cases involve domestic violence, and it is vitally important that
victims of domestic violence are protected from such tracking.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This Act shall take effect on the ninetieth day after
it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
7720--B
2013-2014 Regular Sessions
IN ASSEMBLY
May 31, 2013
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Codes in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the penal law, in relation to 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 added by chapter 635 of
2 the laws of 1999, 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 intentionally, and for no legitimate purpose, engages in a course of
6 conduct directed at a specific person, and knows or reasonably should
7 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 employment, business or career is threatened, where such conduct
20 consists of appearing, telephoning or initiating communication or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05409-07-4
A. 7720--B 2
1 contact at such person's place of employment or business, and the actor
2 was previously clearly informed to cease that conduct.
3 For the purposes of subdivision two of this section, "following" shall
4 include the unauthorized tracking of such person's movements or location
5 through the use of a global positioning system or other device.
6 Stalking in the fourth degree is a class B misdemeanor.
7 § 2. This act shall take effect on the ninetieth day after it shall
8 have become a law.
