NY State Senate Bill 2009-S3393

Senate Bill S3393

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 18, 2009	referred to codes

2009-S3393 (ACTIVE) - Details

See Assembly Version of this Bill:: A7425
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.40, 120.50 & 120.55, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6696
2013-2014: A3288
2015-2016: A3648

2009-S3393 (ACTIVE) - Summary

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

2009-S3393 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3393

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

 PURPOSE OR GENERAL IDEA OF BILL :
Increased the penalty for stalking in the third and fourth degrees by
one penalty level, when such crimes are committed by the use of a
technological device.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one amends section 120.40 of Penal Law to define
"technological devices" as the internet, cameras, global positioning
tracking devices and any other tracking devices, but shall not be
limited to such items.

Section two amends Section 120.50 of the Penal Law to make a person
guilty of stalking in the third degree, a class B misdemeanor, when he
or she commits the crime of stalking in the fourth degree by means of
a technological device.

Section three amends Section 120.55 of Penal Law to make a person
guilty of the crime of stalking in the second degree, a class E
felony, when he or she commits the crime of stalking in the third
degree by means of a technological device.

 JUSTIFICATION :
In 1999, New York state established the crimes of stalking in the
first through fourth degree, punishable as a class D felony to a class
B misdemeanor, depending on the severity of the crime.  This law is
silent regarding the specific use of technological devices.

As technology evolves, stalkers continue to find new ways to harass
their victims by utilizing such mechanisms as the internet, hidden
cameras, and caller identification. The most serious case to date
involves a Wisconsin man who allegedly mounted a global positioning
system (GPD) device under the hood of his ex-girlfriend's car in order
to track her every movement. The stalker told his victim that no
matter where she went, he would find her. This device utilized a
constellation of Defense Department Satellites to pinpoint her
location.

Similar scenarios playing out around the country have prompted the
need to update stalking laws to include stalker use of technology.
The Stalking Resource Center advises that states keep their statutes
broad enough to include technologies that don't yet exist. Providing
heightened penalties for stalkers who misuse technology to terrorize
their victims sends a clear message that this type of behavior will
not be tolerated.

 PRIOR LEGISLATIVE HISTORY :
S.4489 of 2005/2006, A.5444 of 2004, S.707 of 2007/2008

 FISCAL IMPLICATIONS :
None.

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

2009-S3393 (ACTIVE) - Bill Text download pdf

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

                                  3393

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- 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
  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.
                                                           LBD00690-01-9

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