senate Bill S4187C

Signed By Governor
2013-2014 Legislative Session

Relates to stalking in the fourth degree

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Sponsored By

Archive: Last Bill Status Via A7720 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2014 signed chap.184
Jul 11, 2014 delivered to governor
May 28, 2014 returned to assembly
passed senate
3rd reading cal.471
substituted for s4187c
May 28, 2014 substituted by a7720b
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.471
Apr 04, 2014 print number 4187c
amend (t) and recommit to codes
Jan 08, 2014 referred to codes
Jun 21, 2013 committed to rules
Jun 17, 2013 amended on third reading 4187b
Jun 05, 2013 amended on third reading 4187a
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.780
Mar 13, 2013 referred to codes

Votes

view votes

Apr 29, 2014 - Codes committee Vote

S4187C
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 29, 2014

nay (1)
aye wr (1)

May 29, 2013 - Codes committee Vote

S4187
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S4187 - Bill Details

See Assembly Version of this Bill:
A7720B
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

S4187 - Bill Texts

view summary

Relates to unlawful surveillance with the use of a GPS device.

view sponsor memo
BILL NUMBER:S4187

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance with the use of a GPS device

PURPOSE OR GENERAL IDEA OF THE BILL:

To amend the penal code to make it unlawful to install or use an
electronic tracking device to track the movement of a person without
their consent.

SUMMARY OF SPECIFIC PROVISIONS:

Section adds Subdivision 5a to 250.45 of the penal law to make
unlawful the installation or use of electronic tracking devices
without consent to determine location or movement of a person.

Section 5b exempts lawful use of tracking devices by law enforcement
personnel.

Section 5c defines "electronic tracking device" as any device attached
to a vehicle or other movable thing that reveals its location or
movement by the transmission of electronic signals.

Subsection 35.26 allows for parents, guardians or other custodians of
persons under twenty-one or other incompetent persons to install or
permit the use of electronic devices in order to maintain discipline
or promote the welfare of such persons. Other uses of these devices
constitute an offense.

JUSTIFICATION:

The U.S. Department of Justice reports that one in four cases of
stalking involves the use of some type of technology. One in 13 cases
involves electronic monitoring, and Global Positioning System (GPS)
tracking is used in one-tenth of those cases.

Tracking devices and software are intended for legitimate purposes.
Parents can keep track of young drivers, and law enforcement officers
utilize these tools to track missing persons.

However, this technology is also be used to track individuals who do
not want to be followed, particularly in domestic violence cases. It
is vitally important that survivors of domestic violence are protected
from unlawful surveillance.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This Act shall take effect on the ninetieth day after it shall have
become law.

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

                                  4187

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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 unlawful surveillance with
  the use of a GPS device

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

  Section  1. Section 250.45 of the penal law is amended by adding a new
subdivision 5 to read as follows:
  5. (A) WITHOUT THE CONSENT OF A PERSON HE OR  SHE  USES,  INSTALLS  OR
PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE
WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON.
  (B)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL
USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE"
MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR  MOVEMENT  BY  THE  TRANS-
MISSION OF ELECTRONIC SIGNALS.
  S  2.   The penal law is amended by adding a new section 35.26 to read
as follows:
S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE.
  THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION  OR
MOVEMENT  OF  A  PERSON  WHICH  WOULD OTHERWISE CONSTITUTE AN OFFENSE IS
JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT,  GUARDIAN  OR  OTHER  PERSON
ENTRUSTED  WITH  THE  CARE  AND SUPERVISION OF A PERSON UNDER THE AGE OF
TWENTY-ONE OR AN INCOMPETENT PERSON, MAY  USE,  INSTALL  OR  PERMIT  THE
UTILIZATION  OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN, AND
TO THE EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY  TO  MAIN-
TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-03-3

Co-Sponsors

view additional co-sponsors

S4187A - Bill Details

See Assembly Version of this Bill:
A7720B
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

S4187A - Bill Texts

view summary

Relates to unlawful surveillance with the use of a GPS device.

view sponsor memo
BILL NUMBER:S4187A

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance with the use of a GPS device

PURPOSE OR GENERAL IDEA OF THE BILL:

To amend the penal code to make it unlawful to install or use an
electronic tracking device to track the movement of a person without
their consent.

SUMMARY OF SPECIFIC PROVISIONS:

Section adds Subdivision 5a to 250.45 of the penal law to make
unlawful the installation or use of electronic tracking devices
without consent to determine location or movement of a person.

Section 5b exempts lawful use of tracking devices by law enforcement
personnel.

Section 5c defines "electronic tracking device" as any device attached
to a vehicle or other movable thing that reveals its location or
movement by the transmission of electronic signals.

Subsection 35.26 allows for parents, guardians or other custodians of
persons under twenty-one or other incompetent persons to install or
permit the use of electronic devices in order to maintain discipline
or promote the welfare of such persons. Other uses of these devices
constitute an offense.

JUSTIFICATION:

The U.S. Department of Justice reports that one in four cases of
stalking involves the use of some type of technology. One in 13 cases
involves electronic monitoring, and Global Positioning System (GPS)
tracking is used in one-tenth of those cases.

Tracking devices and software are intended for legitimate purposes.
Parents can keep track of young drivers, and law enforcement officers
utilize these tools to track missing persons.

However, this technology is also be used to track individuals who do
not want to be followed, particularly in domestic violence cases. It
is vitally important that survivors of domestic violence are protected
from unlawful surveillance.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This Act shall take effect on the ninetieth day after it shall have
become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4187--A
    Cal. No. 780

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by  Sens.  KENNEDY,  GRISANTI,  NOZZOLIO  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to unlawful surveillance with
  the use of a GPS device

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

  Section 1. This act shall be known and may be cited as "Jackie's Law".
  S 2. Section 250.45 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5. (A) WITHOUT THE CONSENT OF A PERSON HE OR  SHE  USES,  INSTALLS  OR
PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE
WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON.
  (B)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL
USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE"
MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR  MOVEMENT  BY  THE  TRANS-
MISSION OF ELECTRONIC SIGNALS.
  S 3. The penal law is amended by adding a new section 35.26 to read as
follows:
S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE.
  THE  USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION OR
MOVEMENT OF A PERSON WHICH WOULD  OTHERWISE  CONSTITUTE  AN  OFFENSE  IS
JUSTIFIABLE  AND  NOT  CRIMINAL  WHEN A PARENT, GUARDIAN OR OTHER PERSON
ENTRUSTED WITH THE CARE AND SUPERVISION OF A PERSON  UNDER  THE  AGE  OF
TWENTY-ONE  OR  AN  INCOMPETENT  PERSON,  MAY USE, INSTALL OR PERMIT THE
UTILIZATION OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN,  AND
TO  THE  EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY TO MAIN-
TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-04-3

S. 4187--A                          2

  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

view additional co-sponsors

S4187B - Bill Details

See Assembly Version of this Bill:
A7720B
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

S4187B - Bill Texts

view summary

Relates to unlawful surveillance with the use of a GPS device.

view sponsor memo
BILL NUMBER:S4187B

TITLE OF BILL: An act to amend the penal law, in relation to unlawful
surveillance with the use of a GPS device

PURPOSE OR GENERAL IDEA OF THE BILL: To amend the penal code to make
it unlawful to install or use an electronic tracking device to track
the movement of a person without their consent.

SUMMARY OF SPECIFIC PROVISIONS:

Section adds Subdivision 5a to 250.45 of the penal law to make
unlawful the installation or use of electronic tracking devices
without consent to determine location or movement of a person.

Section 5b exempts lawful use of tracking devices by law enforcement
personnel.

Section 5c defines "electronic tracking device" as any device attached
to a vehicle Or other movable thing that reveals its location or
movement by the transmission of electronic signals.

Subsection 35.26 allows for parents, guardians or other custodians of
persons under twenty-one or other incompetent persons to install or
permit the use of electronic devices in order to maintain discipline
or promote the welfare of such persons. Other uses of these devices
constitute an offense.

JUSTIFICATION: The U.S. Department of Justice reports that one in
four cases of stalking involves the use of some type of technology.
One in 13 cases involves electronic monitoring, and Global Positioning
System (GPS) tracking is used in one-tenth of those cases.

Tracking devices and software axe intended for legitimate purposes.
Parents can keep track of young drivers, and law enforcement officers
utilize these tools to track missing persons.

However, this technology is also be used to track individuals who do
not want to be followed, particularly in domestic violence cases. It
is vitally important that survivors of domestic violence are protected
from unlawful surveillance.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This Act shall take effect on the ninetieth day after
1W shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4187--B
    Cal. No. 780

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by Sens. KENNEDY, ADAMS, BALL, BRESLIN, ESPAILLAT, FLANAGAN,
  GRISANTI, KRUEGER, MAZIARZ, NOZZOLIO, PARKER, TKACZYK  --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Codes  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN ACT to amend the penal law, in relation to unlawful surveillance with
  the use of a GPS device

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

  Section 1. This act shall be known and may be cited as "Jackie's Law".
  S 2. Section 250.45 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5. (A) WITHOUT THE CONSENT OF A PERSON HE OR  SHE  USES,  INSTALLS  OR
PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE
WITH  THE  INTENT  TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON AND
WITH THE PURPOSE OF COMMITTING A CRIME OR AN OFFENSE AGAINST SUCH PERSON
OR WITH THE INTENT TO HARASS, ALARM OR INTIMIDATE SUCH PERSON.
  (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  THE  LAWFUL
USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE"
MEANS  ANY  DEVICE  THAT  REVEALS ITS LOCATION OR MOVEMENT BY THE TRANS-
MISSION OF ELECTRONIC SIGNALS.
  S 3. The penal law is amended by adding a new section 35.26 to read as
follows:
S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE.
  THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION  OR
MOVEMENT  OF  A  PERSON  WHICH  WOULD OTHERWISE CONSTITUTE AN OFFENSE IS
JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT,  GUARDIAN  OR  OTHER  PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-05-3

S. 4187--B                          2

ENTRUSTED  WITH  THE  CARE  AND SUPERVISION OF A PERSON UNDER THE AGE OF
TWENTY-ONE OR AN INCOMPETENT PERSON, MAY  USE,  INSTALL  OR  PERMIT  THE
UTILIZATION  OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN, AND
TO  THE  EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY TO MAIN-
TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

view additional co-sponsors

S4187C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7720B
Law Section:
Penal Law
Laws Affected:
Amd §120.45, Pen L

S4187C (ACTIVE) - Bill Texts

view summary

Relates to unlawful surveillance with the use of a GPS device.

view sponsor memo
BILL NUMBER:S4187C

TITLE OF BILL: An act to amend the penal law, in relation to stalking
in the fourth degree

PURPOSE OR GENERAL IDEA OF THE BILL:

To include the unauthorized tracking of an individual, with a GPS or
other device, within the meaning of "following" in the crime of
stalking in the fourth degree.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 120.45 of the penal law, to include the
unauthorized tracking of an individual, with a GPS or other device,
within the meaning of "following" in the crime of stalking in the
fourth degree.

JUSTIFICATION:

The U.S. Department of Justice reports that one in four cases of
stalking involves the use of some type of technology. One in 13 cases
involves electronic monitoring, and Global Positioning System (GPS)
tracking is used in one-tenth of those cases. Many of these cases
involve domestic violence, and it is vitally important that victims of
domestic violence are protected from such tracking.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This Act shall take effect on the ninetieth day after it shall have
become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4187--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced by Sens. KENNEDY, BALL, BRESLIN, ESPAILLAT, FLANAGAN, GRISAN-
  TI,  KRUEGER,  MAZIARZ,  NOZZOLIO,  PARKER,  TKACZYK -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  -- recommitted to the Committee on Codes in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the penal law, in relation to stalking in the fourth
  degree

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

  Section 1. Section 120.45 of the penal law, as added by chapter 635 of
the laws of 1999, is amended to read as follows:
S 120.45 Stalking in the fourth degree.
  A  person  is  guilty  of stalking in the fourth degree when he or she
intentionally, and for no legitimate purpose, engages  in  a  course  of
conduct  directed  at  a specific person, and knows or reasonably should
know that such conduct:
  1. is likely to cause reasonable fear of material harm to the physical
health, safety or property of such person, a  member  of  such  person's
immediate  family  or a third party with whom such person is acquainted;
or
  2. causes material harm to the mental  or  emotional  health  of  such
person,  where such conduct consists of following, telephoning or initi-
ating communication or contact  with  such  person,  a  member  of  such
person's  immediate  family  or  a  third party with whom such person is
acquainted, and the actor was previously clearly informed to cease  that
conduct; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-08-4

S. 4187--C                          2

  3.  is  likely to cause such person to reasonably fear that his or her
employment,  business  or  career  is  threatened,  where  such  conduct
consists  of  appearing,  telephoning  or  initiating  communication  or
contact at such person's place of employment or business, and the  actor
was previously clearly informed to cease that conduct.
  FOR THE PURPOSES OF SUBDIVISION TWO OF THIS SECTION, "FOLLOWING" SHALL
INCLUDE THE UNAUTHORIZED TRACKING OF SUCH PERSON'S MOVEMENTS OR LOCATION
THROUGH THE USE OF A GLOBAL POSITIONING SYSTEM OR OTHER DEVICE.
  Stalking in the fourth degree is a class B misdemeanor.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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