senate Bill S4187C

Relates to stalking in the fourth degree

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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

  • 13 / Mar / 2013
    • REFERRED TO CODES
  • 29 / May / 2013
    • 1ST REPORT CAL.780
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2013
    • AMENDED ON THIRD READING 4187A
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 4187B
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 04 / Apr / 2014
    • AMEND (T) AND RECOMMIT TO CODES
  • 04 / Apr / 2014
    • PRINT NUMBER 4187C
  • 29 / Apr / 2014
    • 1ST REPORT CAL.471
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • SUBSTITUTED BY A7720B

Summary

Relates to unlawful surveillance with the use of a GPS device.

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Bill Details

See Assembly Version of this Bill:
A7720B
Versions:
S4187
S4187A
S4187B
S4187C
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd ยง120.45, Pen L

Votes

14
1
14
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S4187C

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 meaning 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
unauthorized 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.

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

                                 4187--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced by Sens. KENNEDY, BALL, BRESLIN, ESPAILLAT, FLANAGAN, GRISAN-
  TI,  KRUEGER,  MAZIARZ,  NOZZOLIO,  PARKER,  TKACZYK -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  -- recommitted to the Committee on Codes in accordance
  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 stalking in the fourth
  degree

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

  Section 1. Section 120.45 of the penal law, as added by chapter 635 of
the laws of 1999, is amended to read as follows:
S 120.45 Stalking in the fourth degree.
  A  person  is  guilty  of stalking in the fourth degree when he or she
intentionally, and for no legitimate purpose, engages  in  a  course  of
conduct  directed  at  a specific person, and knows or reasonably should
know that such conduct:
  1. is likely to cause reasonable fear of material harm to the physical
health, safety or property of such person, a  member  of  such  person's
immediate  family  or a third party with whom such person is acquainted;
or
  2. causes material harm to the mental  or  emotional  health  of  such
person,  where such conduct consists of following, telephoning or initi-
ating communication or contact  with  such  person,  a  member  of  such
person's  immediate  family  or  a  third party with whom such person is
acquainted, and the actor was previously clearly informed to cease  that
conduct; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-08-4

S. 4187--C                          2

  3.  is  likely to cause such person to reasonably fear that his or her
employment,  business  or  career  is  threatened,  where  such  conduct
consists  of  appearing,  telephoning  or  initiating  communication  or
contact at such person's place of employment or business, and the  actor
was previously clearly informed to cease that conduct.
  FOR THE PURPOSES OF SUBDIVISION TWO OF THIS SECTION, "FOLLOWING" SHALL
INCLUDE THE UNAUTHORIZED TRACKING OF SUCH PERSON'S MOVEMENTS OR LOCATION
THROUGH THE USE OF A GLOBAL POSITIONING SYSTEM OR OTHER DEVICE.
  Stalking in the fourth degree is a class B misdemeanor.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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