senate Bill S924A

Relates to increasing penalties for first, second, third and fourth degree stalking

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 17 / May / 2011
    • 1ST REPORT CAL.721
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / May / 2011
    • PASSED SENATE
  • 24 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 24 / May / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO CODES
  • 05 / Jan / 2012
    • PRINT NUMBER 924A
  • 31 / Jan / 2012
    • 1ST REPORT CAL.154
  • 06 / Feb / 2012
    • 2ND REPORT CAL.
  • 07 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 13 / Feb / 2012
    • PASSED SENATE
  • 13 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Feb / 2012
    • REFERRED TO CODES

Summary

Relates to increasing penalties for first degree stalking to a class C felony, second degree stalking to a class D felony, third degree stalking to a class E felony, and fourth degree stalking to a class A misdemeanor.

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Bill Details

Versions:
S924
S924A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.45, 120.50, 120.55, 120.60 & 70.02, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S576

Sponsor Memo

BILL NUMBER:S924A

TITLE OF BILL:
An act
to amend the penal law, in relation to increasing penalties for first,
second, third and fourth degree stalking

PURPOSE:
This legislation will increase the penalties
for stalking.

SUMMARY OF PROVISIONS:
Section 120 and Section 70 of the New York State
Penal Law are amended to increase penalties for first, second, third
and fourth degree stalking. Stalking in the fourth degree will become
a class A misdemeanor from a class B misdemeanor. Third degree
stalking will become a class E felony from a class A misdemeanor.
Second degree stalking will become a class D felony from a class E
felony. Stalking in the first degree will become a class C felony
from a class D felony.

JUSTIFICATION:
Stalking is a persistent and unwanted pursuit of an
individual that strikes great fear in the victim. It is an
intentional and unpredictable behavior that can end with horrific
results. Victims are followed, watched or harassed.

We have continued to hear and read horror stories of victims whose
lives have been destroyed by relentless stalkers. The penalties for
this heinous crime need to match the impact that is felt by the
victim. This legislation will address this situation by increasing
the penalties for Stalking.

LEGISLATIVE HISTORY:
S.3194-A of 2007-2008 (Passed Senate)
S.576 of 2009-10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 924--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MARCELLINO,  LARKIN, MAZIARZ, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the penal law, in relation to increasing penalties for
  first, second, third and fourth degree stalking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The closing paragraph of section 120.45 of the penal law,
as added by chapter 635 of the laws of  1999,  is  amended  to  read  as
follows:
  Stalking in the fourth degree is a class [B] A misdemeanor.
  S  2.  The  closing  paragraph  of section 120.50 of the penal law, as
added by chapter 635 of the laws of 1999, is amended to read as follows:
  Stalking in the third degree is a class [A misdemeanor] E FELONY.
  S 3. The closing paragraph of section 120.55  of  the  penal  law,  as
added by chapter 635 of the laws of 1999, is amended to read as follows:
  Stalking in the second degree is a class [E] D felony.
  S  4.  The  closing  paragraph  of section 120.60 of the penal law, as
amended by chapter 434 of the laws  of  2000,  is  amended  to  read  as
follows:
  Stalking in the first degree is a class [D] C felony.
  S  5. Paragraphs (b), (c) and (d) of subdivision 1 of section 70.02 of
the penal law, paragraph (b) as amended by chapter 148 of  the  laws  of
2011,  paragraph  (c)  as amended by chapter 405 of the laws of 2010 and
paragraph (d) as amended by chapter 7 of the laws of 2007,  are  amended
to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04392-02-1

S. 924--A                           2

130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in  section  120.06, STALKING IN THE FIRST DEGREE AS DEFINED IN
SUBDIVISION ONE OF SECTION 120.60, strangulation in the first degree  as
defined  in  section 121.13, burglary in the second degree as defined in
section 140.25, robbery in the  second  degree  as  defined  in  section
160.10,  criminal possession of a weapon in the second degree as defined
in section 265.03, criminal use of a firearm in  the  second  degree  as
defined  in  section  265.08,  criminal  sale of a firearm in the second
degree as defined in section 265.12, criminal sale of a firearm with the
aid of a minor as defined in section  265.14,  soliciting  or  providing
support  for  an  act  of  terrorism  in  the first degree as defined in
section 490.15, hindering prosecution of terrorism in the second  degree
as  defined  in  section  490.30,  and criminal possession of a chemical
weapon or biological weapon in the third degree as  defined  in  section
490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the [first] SECOND  degree,  as  defined  in
subdivision  one of section [120.60] 120.55, strangulation in the second
degree as defined in section  121.12,  rape  in  the  second  degree  as
defined  in  section 130.30, criminal sexual act in the second degree as
defined in section 130.45, sexual abuse in the first degree  as  defined
in  section  130.65,  course  of  sexual  conduct against a child in the
second degree as defined in section 130.80, aggravated sexual  abuse  in
the  third  degree  as  defined  in  section  130.66, facilitating a sex
offense with a controlled substance as defined in section 130.90, crimi-
nal possession of a weapon in the third degree as defined in subdivision
five, six, seven or eight of section 265.02, criminal sale of a  firearm
in  the third degree as defined in section 265.11, intimidating a victim
or witness in the second degree as defined in section 215.16, soliciting
or providing support for an act of terrorism in  the  second  degree  as
defined in section 490.10, and making a terroristic threat as defined in
section  490.20,  falsely  reporting  an incident in the first degree as
defined in section 240.60, placing a false bomb or  hazardous  substance
in  the  first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined  in  section  240.63,  and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  (d)  Class  E violent felony offenses: STALKING IN THE THIRD DEGREE AS
DEFINED IN SECTION 120.50, an attempt to commit any of the  felonies  of
criminal possession of a weapon in the third degree as defined in subdi-
vision  five, six, seven or eight of section 265.02 as a lesser included
offense of that section as defined in section  220.20  of  the  criminal
procedure  law,  persistent  sexual  abuse as defined in section 130.53,
aggravated sexual abuse in the  fourth  degree  as  defined  in  section
130.65-a,  falsely reporting an incident in the second degree as defined
in section 240.55 and placing a false bomb or hazardous substance in the
second degree as defined in section 240.61.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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