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Assembly Bill A7425

2009-2010 Legislative Session

Prohibits stalking by the use of technological devices and provides criminal penalties therefor

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Archive: Last Bill Status - In Assembly Committee

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2009-A7425 (ACTIVE) - Details

See Senate Version of this Bill:
S3393
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.40, 120.50 & 120.55, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6696
2013-2014: A3288
2015-2016: A3648

2009-A7425 (ACTIVE) - Summary

Prohibits stalking by the use of technological devices and provides criminal penalties therefor.

2009-A7425 (ACTIVE) - Bill Text download pdf 

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

                                  7425

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced by M. of A. TOWNSEND, ERRIGO, FIELDS, GABRYSZAK, KOLB, McKEV-
  ITT -- Multi-Sponsored by -- M. of A. BARCLAY, BURLING, DUPREY, FINCH,
  GIGLIO,  HAWLEY,  HYER-SPENCER, JORDAN, SCOZZAFAVA, WALKER, WEISENBERG
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to  prohibiting  stalking  by
  the use of technological devices

  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  DEVICES" MEANS THE INTERNET, CAMERAS, GLOBAL POSI-
TIONING TRACKING DEVICES AND ANY OTHER TRACKING DEVICE, BUT SHALL NOT BE
LIMITED TO SUCH ITEMS.
  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 BY THE USE OF  A
TECHNOLOGICAL DEVICE OR TECHNOLOGICAL DEVICES.
  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 BY THE USE OF A
TECHNOLOGICAL DEVICE OR TECHNOLOGICAL DEVICES.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

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