Establishes the crime of stalking a police officer, peace officer, correction officer or firefighter to include intent to harass, annoy or alarm a police officer, peace officer, correction officer, firefighter or an immediate family member of a police officer, peace officer, correction officer or firefighter, intentionally engaging in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person's immediate family.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3139
SPONSOR: Reilly TITLE OF BILL:
An act to amend the penal law, in relation to stalking a police officer,
peace officer, correction officer or firefighter
PURPOSE OR GENERAL IDEA OF BILL:
Makes stalking a police officer, peace officer, correction officer or
firefighter a class A misdemeanor.
SUMMARY OF PROVISIONS:
Section 1. Outlines what qualifies as stalking a police officer, peace
officer, correction officer or firefighter and establishes it as a class
A misdemeanor.
Section 2. Establishes the effective date.
JUSTIFICATION:
This bill was proposed as a result of the repeal of
Section 50-a of the New York Civil Rights Law. Our police officers,
correction officers, and firefighters put their lives on the line each
and every day to keep us safe. The repeal of 50-a means that the disci-
plinary records, which, at times, result in unsubstantiated accusations,
of our police officers, correction officers, and firefighters will be
available for public review. This has the potential for wrong-doers to
find other personal information about these service workers, and could
lead to the targeted harassment of them or their families. This bill
would protect police officers, correction officers, and firefighters, as
well as their families, from targeted forms of harassment such as stalk-
ing or harassment, either in person or electronically. This would be
punishable as a class A misdemeanor.
PRIOR LEGISLATIVE HISTORY:
02/12/21 referred to codes
01/05/22 referred to codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3139
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to stalking a police officer,
peace officer, correction officer or firefighter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 120.65 to
2 read as follows:
3 § 120.65 Stalking a police officer, peace officer, correction officer or
4 firefighter.
5 A person is guilty of stalking a police officer, peace officer,
6 correction officer or firefighter when he or she intentionally selects
7 the person against whom the offense is committed or intended to be
8 committed in whole or in substantial part because of a belief or percep-
9 tion regarding the employment of such person or such person's immediate
10 family member as a police officer, peace officer, correction officer or
11 firefighter, and with intent to harass, annoy or alarm such person,
12 intentionally engages in a course of conduct directed at such person
13 which is likely to cause such person to reasonably fear physical injury
14 or serious physical injury, the commission of a sex offense against, or
15 the kidnapping, unlawful imprisonment or death of such person or a
16 member of such person's immediate family. Such course of conduct may be
17 conducted in person or electronically, including but not limited to, the
18 use of a social media network.
19 Stalking a police officer, peace officer, correction officer or fire-
20 fighter is a class A misdemeanor.
21 § 2. This act shall take effect on the sixtieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02036-01-3
