S T A T E   O F   N E W   Y O R K
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                                   576

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 increasing  penalties  for
  first, second, third and fourth degree stalking

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

  Section 1. The closing paragraph of section 120.45 of the  penal  law,
as  added  by  chapter  635  of  the laws of 1999, is amended to read as
follows:
  Stalking in the fourth degree is a class [B] A misdemeanor.
  S 2. The closing paragraph of section 120.50  of  the  penal  law,  as
added by chapter 635 of the laws of 1999, is amended to read as follows:
  Stalking in the third degree is a class [A misdemeanor] E FELONY.
  S  3.  The  closing  paragraph  of section 120.55 of the penal law, as
added by chapter 635 of the laws of 1999, is amended to read as follows:
  Stalking in the second degree is a class [E] D felony.
  S 4. The closing paragraph of section 120.60  of  the  penal  law,  as
amended  by  chapter  434  of  the  laws  of 2000, is amended to read as
follows:
  Stalking in the first degree is a class [D] C felony.
  S 5. Paragraphs (b), (c) and (d) of subdivision 1 of section 70.02  of
the  penal  law, paragraph (b) as separately amended by chapters 764 and
765 of the laws of 2005 and paragraphs (c) and (d) as amended by chapter
7 of the laws of 2007, are amended to read as follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B  felonies  set  forth  in  paragraph (a); aggravated criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in the second degree as defined in  section  125.21,  aggravated  sexual
abuse  in  the  second degree as defined in section 130.67, assault on a
peace officer, police officer, fireman  or  emergency  medical  services
professional  as  defined  in section 120.08, gang assault in the second

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04940-01-9
              

S. 576                              2

degree as defined in section 120.06, STALKING IN  THE  FIRST  DEGREE  AS
DEFINED  IN  SUBDIVISION  ONE  OF SECTION 120.60, burglary in the second
degree as defined in section 140.25, robbery in  the  second  degree  as
defined in section 160.10, criminal possession of a weapon in the second
degree  as  defined  in section 265.03, criminal use of a firearm in the
second degree as defined in section 265.08, criminal sale of  a  firearm
in  the  second  degree as defined in section 265.12, criminal sale of a
firearm with the aid of a minor as defined in section 265.14, soliciting
or providing support for an act of terrorism  in  the  first  degree  as
defined  in  section  490.15,  hindering prosecution of terrorism in the
second degree as defined in section 490.30, and criminal possession of a
chemical weapon or biological weapon in the third degree as  defined  in
section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the [first] SECOND  degree,  as  defined  in
subdivision one of section [120.60] 120.55, rape in the second degree as
defined  in  section 130.30, criminal sexual act in the second degree as
defined in section 130.45, sexual abuse in the first degree  as  defined
in  section  130.65,  course  of  sexual  conduct against a child in the
second degree as defined in section 130.80, aggravated sexual  abuse  in
the  third  degree  as  defined  in  section  130.66, facilitating a sex
offense with a controlled substance as defined in section 130.90, crimi-
nal possession of a weapon in the third degree as defined in subdivision
five, six, seven or eight of section 265.02, criminal sale of a  firearm
in  the third degree as defined in section 265.11, intimidating a victim
or witness in the second degree as defined in section 215.16, soliciting
or providing support for an act of terrorism in  the  second  degree  as
defined in section 490.10, and making a terroristic threat as defined in
section  490.20,  falsely  reporting  an incident in the first degree as
defined in section 240.60, placing a false bomb or  hazardous  substance
in  the  first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined  in  section  240.63,  and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  (d)  Class  E violent felony offenses: STALKING IN THE THIRD DEGREE AS
DEFINED IN SECTION 120.50, an attempt to commit any of the  felonies  of
criminal possession of a weapon in the third degree as defined in subdi-
vision  five, six, seven or eight of section 265.02 as a lesser included
offense of that section as defined in section  220.20  of  the  criminal
procedure  law,  persistent  sexual  abuse as defined in section 130.53,
aggravated sexual abuse in the  fourth  degree  as  defined  in  section
130.65-a,  falsely reporting an incident in the second degree as defined
in section 240.55 and placing a false bomb or hazardous substance in the
second degree as defined in section 240.61.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.