Senate Bill S442

2013-2014 Legislative Session

Provides that stalking by technological means shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees

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Archive: Last Bill Status - In Assembly 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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2013-S442 (ACTIVE) - Details

See Assembly Version of this Bill:
A8690
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง120.40, 120.50, 120.55 & 120.60, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6897, A9772, A3448
2011-2012: S108, A452
2015-2016: S113, A3520
2017-2018: S504, A7476

2013-S442 (ACTIVE) - Summary

Provides that stalking by technological means, including illegal wiretapping, cell phones, caller ID, Internet, cameras and GPS systems, shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees.

2013-S442 (ACTIVE) - Sponsor Memo

2013-S442 (ACTIVE) - Bill Text download pdf

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

                                   442

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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
  technological means

  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 MEANS" MEANS AND SHALL INCLUDE,  BUT  SHALL  NOT  BE
LIMITED TO, ILLEGAL WIRETAPPING, CELL PHONES, CALLER IDENTIFICATION, THE
INTERNET,  CAMERAS,  GLOBAL  POSITIONING  SYSTEM  AND  ANY OTHER TYPE OF
TRACKING DEVICE.
  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 IN VIOLATION  OF
SECTION  120.45  OF  THIS ARTICLE, AND UTILIZES ANY TECHNOLOGICAL MEANS,
WHETHER ELECTRONIC OR OTHER, IN FURTHERANCE OF SUCH CRIME.
  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  AS  DEFINED  IN
SUBDIVISIONS  ONE, TWO, THREE AND FOUR OF SECTION 120.50 OF THIS ARTICLE

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

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