Senate Bill S6897

                                 BILL NUMBER:  S6897

 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 talking in the first, second and
third degrees.

 SUMMARY OF SPECIFIC PROVISIONS :
Sections 1, 2 and 3 amend the penal law Sections 120.50, 120.55, and
120.60 and include stalking by technological means as an element of
stalking in the first, second and third degrees. Technological means
include, but are not limited to: illegal wire tapping, cell phones,
caller identification, the Internet, cameras, global positioning
system and any other type of tracking device.

Section 4 provides an effective date of the first of November next
succeeding the date on which it shall have become a law.

 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.

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 :

2007-2008: A.1176 - Remained in Committee/S.884 - Passed Senate
2005-2006: A.1944 - Held for Consideration in Codes
Committee/S.851 - Passed Senate
2003-2004: A.8428-A - Remained in Committee/S.3705-A - Passed Senate
 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.