senate Bill S1507

Amended

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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 28 / Feb / 2013
    • 1ST REPORT CAL.123
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2013
    • PASSED SENATE
  • 06 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 23 / Apr / 2014
    • AMEND AND RECOMMIT TO CODES
  • 23 / Apr / 2014
    • PRINT NUMBER 1507A
  • 29 / Apr / 2014
    • 1ST REPORT CAL.461
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 07 / May / 2014
    • PASSED SENATE
  • 07 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 07 / May / 2014
    • 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:
S1507
S1507A
Legislative Cycle:
2013-2014
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 Previous Legislative Cycles:
2011-2012: S924A
2009-2010: S576

Sponsor Memo

BILL NUMBER:S1507

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:
The New York
State Penal Law is 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. S.924-A of 2011/12 (Passed Senate).

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
________________________________________________________________________

                                  1507

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

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.
                                                           LBD03249-01-3

S. 1507                             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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