senate Bill S5364

2009-2010 Legislative Session

Creates a new crime of electronic stalking and provides for a conviction for electronic stalking to trigger submission to the DNA databank

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Apr 27, 2009 referred to codes

S5364 (ACTIVE) - Details

See Assembly Version of this Bill:
A5113
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.40, 120.55 & 70.02, add §§120.61, 120.62 & 120.63, Pen L; amd §700.05, CP L; amd §995, Exec L; amd §168-a, Cor L

S5364 (ACTIVE) - Summary

Creates the new crime of electronic stalking; establishes electronic stalking in the first and second degree as violent felonies; and provides that a conviction for electronic stalking triggers submission to the DNA databank and the sexual offender registration act.

S5364 (ACTIVE) - Sponsor Memo

S5364 (ACTIVE) - Bill Text download pdf

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

                                  5364

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to  creating  the  crimes of electronic stalking, and adding
  electronic stalking to designated offenses for eavesdropping  warrants
  and  to amend the executive law and the correction law, in relation to
  including a conviction of electronic stalking under  the  requirements
  of  the  state DNA identification index and the sex offender registra-
  tion act

  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 two
new subdivisions 6 and 7 to read as follows:
  6. "ELECTRONIC  COMMUNICATION"  SHALL  MEAN  ANY  TRANSFER  OF  SIGNS,
SIGNALS,  WRITINGS,  IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE
TRANSMITTED IN WHOLE OR IN  PART  BY  A  WIRE,  RADIO,  ELECTROMAGNETIC,
PHOTO-ELECTRONIC,  OR  PHOTO-OPTICAL  SYSTEM.  ELECTRONIC  COMMUNICATION
INCLUDES, BUT IS NOT LIMITED TO,  THE  TRANSFER  OF  THAT  COMMUNICATION
THROUGH THE INTERNET.
  7.  "PERSONAL  IDENTIFYING  INFORMATION"  SHALL  MEAN A PERSON'S NAME,
ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, DRIVER'S LICENSE NUMBER, MOTOR
VEHICLE LICENSE PLATE NUMBER, SOCIAL SECURITY NUMBER, PLACE  OF  EMPLOY-
MENT,  SCHOOL,  MOTHER'S MAIDEN NAME, IMAGE, OR SCHEDULE OF DAILY ACTIV-
ITIES.
  S 2. Subdivision 4 of section 120.55 of the penal law, as  amended  by
chapter 598 of the laws of 2003, is amended to read as follows:
  4. Being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or repeated-
ly  commits acts over a period of time intentionally placing or attempt-
ing to place such person who is under the age of fourteen in  reasonable
fear  of physical injury, serious physical injury [or], death, OR BECOM-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07773-01-9

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