senate Bill S442

Provides that stalking by technological means shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees

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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
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1523
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 03 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1104
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO CODES

Summary

Provides that stalking by technological means, including illegal wiretapping, cell phones, caller ID, Internet, cameras and GPS systems, shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees.

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Bill Details

See Assembly Version of this Bill:
A8690
Versions:
S442
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.40, 120.50, 120.55 & 120.60, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S108, A452
2009-2010: A3448, S6897, A3448, A9772
2007-2008: A1176, S884, A1176

Sponsor Memo

BILL NUMBER:S442

TITLE OF BILL:
An act
to amend the penal law, in relation to prohibiting stalking by
technological means

PURPOSE OR GENERAL IDEA OF BILL:
Provides that stalking by technological means shall be prohibited and
shall be included in the crimes of stalking in the first, second and
third degrees.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1
Amends section 120.40 of the Penal Law by adding a new subdivision 6.
Defines technological means. Such technological means include, but
are not limited to:
illegal wire tapping, cell phones, caller identification, the
Internet, cameras, global positioning systems and any other type of
tracking device.

Section 2
Amends section 120.50 (4) of the Penal Law and adds a new subdivision
5. Adds stalking in the forth degree by utilizing technological means.

Section 3
Amends section 120.55 (5) of the Penal Law and adds a new subdivision
6. Adds stalking in the third degree by utilizing technological means.

Section 4
Amends section 120.60(2) of the Penal Law and adds a new subdivision
3. Adds stalking in the second degree by utilizing technological means.

Section 5
Effective Date

EXISTING LAW:

This legislation adds stalking by technological means to the current
statute.

JUSTIFICATION:

A recent study by the United States Department of Justice concludes
that one in twelve women will be stalked during her lifetime and one
out of every forty-five men will be stalked during his lifetime. The
study further estimated that 1,006,970 women and 370,990 men are
stalked annually. New York State's Stalking Law was enacted in 1999.
Since that time, the availability of
new and ever more sophisticated technological means which can be
utilized by a stalker to further his or her purpose has greatly
increased.

Tracy Bahm, Director of the Stalking Resource Center (a part of the
National Center for Victims of Crime) has stated; "As society and
technology evolve, stalkers will always find new ways to harass


their victims." Illegal wiretapping, cell phones, caller
identification, the Internet, hidden cameras, and tracking devices
including global positioning systems (GPS) are just a few of the
technological means which have been employed by stalkers. This
equipment can be purchased locally or over the Internet and the costs
are not prohibitive. In a recent Wisconsin case, the stalker had
placed a GPS device between the radiator and the grill of the
victim's car, enabling the stalker to track the victim wherever and
whenever he wanted. A GPS device uses an array of satellites to
pinpoint location and can also send coordinates to cell phones or
computers. GPS's are used by trucking companies to track cargo,
corrections authorities use them to monitor parolees, and hikers,
boaters and motorists use the systems to keep from getting lost, just
to name a few of the current legitimate uses for the systems, and now
stalkers are using them to track their victims.

The current New York law on stalking did not foresee the use of
technological means to commit stalking crimes. This bill updates
current law and prohibits the use of technology in any form in the
furtherance of stalking and increases the penalty for such use.

PRIOR LEGISLATIVE HISTORY:

2012: S.108 - Passed Senate/A.452 - Referred to Codes
2011: S.108 - Passed Senate/A.452 - Referred to Codes
2010: S.6897 - Referred to Codes/A.9772 - Referred to Codes
2007-08: S.884 - Passed Senate/A.1176 - Referred to Codes
2005-06: S.851 - Passed Senate/A. 1944 - Held for Consideration in
Codes Committee
2003-04: S.3705A - Passed Senate/A.8428A - Referred to Codes

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
________________________________________________________________________

                                   442

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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  prohibiting  stalking  by
  technological means

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

  Section 1.  Section 120.40 of the penal law is amended by adding a new
subdivision 6 to read as follows:
  6. "TECHNOLOGICAL MEANS" MEANS AND SHALL INCLUDE,  BUT  SHALL  NOT  BE
LIMITED TO, ILLEGAL WIRETAPPING, CELL PHONES, CALLER IDENTIFICATION, THE
INTERNET,  CAMERAS,  GLOBAL  POSITIONING  SYSTEM  AND  ANY OTHER TYPE OF
TRACKING DEVICE.
  S 2. Subdivision 4 of section 120.50 of the penal  law,  as  added  by
chapter  635  of the laws of 1999, is amended and a new subdivision 5 is
added to read as follows:
  4. Commits the crime of stalking in the fourth degree and  has  previ-
ously  been  convicted within the preceding ten years of stalking in the
fourth degree[.]; OR
  5. COMMITS THE CRIME OF STALKING IN THE FOURTH DEGREE IN VIOLATION  OF
SECTION  120.45  OF  THIS ARTICLE, AND UTILIZES ANY TECHNOLOGICAL MEANS,
WHETHER ELECTRONIC OR OTHER, IN FURTHERANCE OF SUCH CRIME.
  S 3. Subdivision 5 of section 120.55 of the penal  law,  as  added  by
chapter  598  of the laws of 2003, is amended and a new subdivision 6 is
added to read as follows:
  5. Commits the crime of stalking in the third degree,  as  defined  in
subdivision three of section 120.50 of this article, against ten or more
persons,  in  ten or more separate transactions, for which the actor has
not been previously convicted[.]; OR
  6. COMMITS THE CRIME OF STALKING IN THE THIRD  DEGREE  AS  DEFINED  IN
SUBDIVISIONS  ONE, TWO, THREE AND FOUR OF SECTION 120.50 OF THIS ARTICLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00394-01-3

S. 442                              2

AND UTILIZES ANY TECHNOLOGICAL MEANS, WHETHER ELECTRONIC  OR  OTHER,  IN
FURTHERANCE OF SUCH CRIME.
  S  4.  Subdivision 2 of section 120.60 of the penal law, as amended by
chapter 434 of the laws of 2000, is amended and a new subdivision  3  is
added to read as follows:
  2. commits a class A misdemeanor defined in article one hundred thirty
of  this  chapter, or a class E felony defined in section 130.25, 130.40
or 130.85 of this chapter, or a class D felony defined in section 130.30
or 130.45 of this chapter[.]; OR
  3. COMMITS THE CRIME OF STALKING IN THE SECOND DEGREE, AS  DEFINED  IN
SUBDIVISIONS ONE, TWO, THREE, AND FOUR OF SECTION 120.55 OF THIS ARTICLE
AND  UTILIZES  ANY  TECHNOLOGICAL MEANS, WHETHER ELECTRONIC OR OTHER, IN
FURTHERANCE OF SUCH CRIME.
  S 5. 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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