Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who he or she knows or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
10970
IN ASSEMBLY
September 9, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to creating the crime 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 and
8 120.80 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;
25 c. assault in the third degree, as defined in section 120.00; menacing
26 in the first degree, as defined in section 120.13; menacing in the
27 second degree, as defined in section 120.14; coercion in the first
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16984-01-0
A. 10970 2
1 degree, as defined in section 135.65; coercion in the second degree, as
2 defined in section 135.61; coercion in the third degree, as defined in
3 section 135.60; aggravated harassment in the second degree, as defined
4 in section 240.30; harassment in the first degree, as defined in section
5 240.25; menacing in the third degree, as defined in section 120.15;
6 criminal mischief in the third degree, as defined in section 145.05;
7 criminal mischief in the second degree, as defined in section 145.10[,];
8 criminal mischief in the first degree, as defined in section 145.12;
9 criminal tampering in the first degree, as defined in section 145.20;
10 arson in the fourth degree, as defined in section 150.05; arson in the
11 third degree, as defined in section 150.10; criminal contempt in the
12 first degree, as defined in section 215.51; endangering the welfare of a
13 child, as defined in section 260.10; or
14 d. stalking in the fourth degree, as defined in section 120.45; stalk-
15 ing in the third degree, as defined in section 120.50; stalking in the
16 second degree, as defined in section 120.55; stalking a police officer
17 or peace office as defined in section 120.80; or
18 e. an offense in any other jurisdiction which includes all of the
19 essential elements of any such crime for which a sentence to a term of
20 imprisonment in excess of one year or a sentence of death was authorized
21 and is authorized in this state irrespective of whether such sentence
22 was imposed.
23 § 2. The penal law is amended by adding a new section 120.80 to read
24 as follows:
25 § 120.80 Stalking a police officer or peace officer.
26 A person is guilty of stalking a police officer or peace officer when:
27 1. He or she intentionally, and for no legitimate purpose, engages in
28 a course of conduct directed at a specific police officer, peace officer
29 or a person who he or she knows or reasonably should know is a member of
30 such officer's immediate family, and knows or reasonably should know
31 that such conduct is likely to cause reasonable fear of material harm to
32 the physical health, safety or property of such officer or member of
33 such officer's immediate family;
34 2. He or she intentionally, and for no legitimate purpose, engages in
35 a course of conduct directed at a specific police officer, peace officer
36 or a person who he or she knows or reasonably should know is a member of
37 such officer's immediate family, and knows or reasonably should know
38 that such conduct causes material harm to the mental or emotional health
39 of such officer or member of such officer's immediate family, where such
40 conduct consists of the following, telephoning or initiating communi-
41 cation or contact with such officer or a member of such officer's imme-
42 diate family, and the actor was previously clearly informed to cease
43 that conduct; or
44 3. He or she intentionally, and for no legitimate purpose, approaches,
45 within one hundred yards, the private residence or place of lodging of a
46 police officer or peace officer, without the consent of such officer,
47 for reasons related to the officer's status or service as a police offi-
48 cer or peace officer and such purposes are for the purpose of harming or
49 intimidating the officer or the officer's immediate family.
50 For purposes of subdivision two of this section, "following" shall
51 include the unauthorized tracking of a police officer, peace officer, or
52 such officer's immediate family member movements or location through the
53 use of a global positioning system or other device.
54 Stalking a police officer or peace officer is a class E felony.
55 § 3. Paragraph (s) and (t) of subdivision 4 of section 510.10 of the
56 criminal procedure law, as added by section 2 of part UU of chapter 56
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1 of the laws of 2020, are amended and a new paragraph (u) is added to
2 read as follows:
3 (s) a felony, where the defendant qualifies for sentencing on such
4 charge as a persistent felony offender pursuant to section 70.10 of the
5 penal law; [or]
6 (t) any felony or class A misdemeanor involving harm to an identifi-
7 able person or property, where such charge arose from conduct occurring
8 while the defendant was released on his or her own recognizance or
9 released under conditions for a separate felony or class A misdemeanor
10 involving harm to an identifiable person or property, provided, however,
11 that the prosecutor must show reasonable cause to believe that the
12 defendant committed the instant crime and any underlying crime. For the
13 purposes of this subparagraph, any of the underlying crimes need not be
14 a qualifying offense as defined in this subdivision[.]; or
15 (u) stalking a police officer or peace officer as defined under
16 section 120.80 of the penal law.
17 § 4. Paragraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
18 section 530.20 of the criminal procedure law, as amended by section 3 of
19 part UU of chapter 56 of the laws of 2020, are amended and a new para-
20 graph (xxi) is added to read as follows:
21 (xix) a felony, where the defendant qualifies for sentencing on such
22 charge as a persistent felony offender pursuant to section 70.10 of the
23 penal law; [or]
24 (xx) any felony or class A misdemeanor involving harm to an identifi-
25 able person or property, where such charge arose from conduct occurring
26 while the defendant was released on his or her own recognizance or
27 released under conditions for a separate felony or class A misdemeanor
28 involving harm to an identifiable person or property, provided, however,
29 that the prosecutor must show reasonable cause to believe that the
30 defendant committed the instant crime and any underlying crime. For the
31 purposes of this subparagraph, any of the underlying crimes need not be
32 a qualifying offense as defined in this subdivision[.]; or
33 (xxi) stalking a police officer or peace officer as defined under
34 section 120.80 of the penal law.
35 § 5. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
36 criminal procedure law, as added by section 4 of part UU of chapter 56
37 of the laws of 2020, are amended and a new paragraph (u) is added to
38 read as follows:
39 (s) a felony, where the defendant qualifies for sentencing on such
40 charge as a persistent felony offender pursuant to section 70.10 of the
41 penal law; [or]
42 (t) any felony or class A misdemeanor involving harm to an identifi-
43 able person or property, where such charge arose from conduct occurring
44 while the defendant was released on his or her own recognizance or
45 released under conditions for a separate felony or class A misdemeanor
46 involving harm to an identifiable person or property, provided, however,
47 that the prosecutor must show reasonable cause to believe that the
48 defendant committed the instant crime and any underlying crime. For the
49 purposes of this subparagraph, any of the underlying crimes need not be
50 a qualifying offense as defined in this subdivision[.]; or
51 (u) stalking a police officer or peace officer as defined under
52 section 120.80 of the penal law.
53 § 6. This act shall take effect on the thirtieth day after it shall
54 have become a law.