S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5307
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to criminalizing the  act  of
   stalking a police officer or peace officer
 
   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, as added by chapter 635 of
 the laws of 1999 and paragraph b of subdivision 5 as amended by  chapter
 320 of the laws of 2006, is amended to read as follows:
 § 120.40 Definitions.
   For purposes of sections 120.45, 120.50, 120.55 [and], 120.60, 120.80,
 120.85, AND 120.90 of this article:
   1.  "Kidnapping"  shall mean a kidnapping crime defined in article one
 hundred thirty-five of this chapter.
   2. "Unlawful imprisonment" shall mean an unlawful imprisonment  felony
 crime defined in article one hundred thirty-five of this chapter.
   3.  "Sex  offense"  shall mean a felony defined in article one hundred
 thirty of this chapter, sexual misconduct, as defined in section  130.20
 of  this chapter, sexual abuse in the third degree as defined in section
 130.55 of this chapter or sexual abuse in the second degree  as  defined
 in section 130.60 of this chapter.
   4.  "Immediate family" means the spouse, former spouse, parent, child,
 sibling, or any other person who  regularly  resides  or  has  regularly
 resided in the household of a person.
   5. "Specified predicate crime" means:
   a. a violent felony offense;
   b.  a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
   c. assault in the third degree, as defined in section 120.00; menacing
 in the first degree, as defined  in  section  120.13;  menacing  in  the
 second  degree,  as  defined  in  section  120.14; coercion in the first
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05999-01-7

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 degree, as defined in section 135.65; coercion in the second degree,  as
 defined  in  section 135.60; aggravated harassment in the second degree,
 as defined in section 240.30; harassment in the first degree, as defined
 in  section  240.25; menacing in the third degree, as defined in section
 120.15; criminal mischief in the third degree,  as  defined  in  section
 145.05;  criminal  mischief  in the second degree, as defined in section
 145.10[,]; criminal mischief in the first degree, as defined in  section
 145.12;  criminal  tampering  in the first degree, as defined in section
 145.20; arson in the fourth degree, as defined in section 150.05;  arson
 in  the third degree, as defined in section 150.10; criminal contempt in
 the first degree, as defined in section 215.51; endangering the  welfare
 of a child, as defined in section 260.10; or
   d. stalking in the fourth degree, as defined in section 120.45; stalk-
 ing  in  the third degree, as defined in section 120.50; stalking in the
 second degree, as defined in section 120.55; STALKING A  POLICE  OFFICER
 OR  PEACE  OFFICER  IN  THE  THIRD DEGREE, AS DEFINED IN SECTION 120.80;
 STALKING A POLICE OFFICER OR PEACE OFFICER  IN  THE  SECOND  DEGREE,  AS
 DEFINED IN SECTION 120.85; or
   e.  an  offense  in  any  other jurisdiction which includes all of the
 essential elements of any such crime for which a sentence to a  term  of
 imprisonment in excess of one year or a sentence of death was authorized
 and  is  authorized  in this state irrespective of whether such sentence
 was imposed.
   § 2. The penal law is amended by adding a new section 120.80  to  read
 as follows:
 § 120.80 STALKING A POLICE OFFICER OR PEACE OFFICER IN THE THIRD DEGREE.
   A  PERSON  IS  GUILTY OF STALKING A POLICE OFFICER OR PEACE OFFICER IN
 THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY,  AND  FOR  NO  LEGITIMATE
 PURPOSE,  ENGAGES  IN  A COURSE OF CONDUCT DIRECTED AT A SPECIFIC POLICE
 OFFICER, PEACE OFFICER OR A PERSON WHO HE OR  SHE  KNOWS  OR  REASONABLY
 SHOULD KNOW IS A MEMBER OF SUCH OFFICER'S IMMEDIATE FAMILY, 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 OFFICER OR MEMBER OF SUCH OFFICER'S
 IMMEDIATE FAMILY; OR
   2. CAUSES MATERIAL HARM TO THE MENTAL  OR  EMOTIONAL  HEALTH  OF  SUCH
 OFFICER OR MEMBER OF SUCH OFFICER'S IMMEDIATE FAMILY, WHERE SUCH CONDUCT
 CONSISTS  OF  THE  FOLLOWING, TELEPHONING OR INITIATING COMMUNICATION OR
 CONTACT WITH SUCH OFFICER OR A MEMBER OF SUCH OFFICER'S IMMEDIATE  FAMI-
 LY, AND THE ACTOR WAS PREVIOUSLY CLEARLY INFORMED TO CEASE THAT CONDUCT.
   FOR  PURPOSES  OF  SUBDIVISION  TWO OF THIS SECTION, "FOLLOWING" SHALL
 INCLUDE THE UNAUTHORIZED TRACKING OF A POLICE OFFICER, PEACE OFFICER, OR
 IMMEDIATE FAMILY MEMBER OF SUCH OFFICER'S MOVEMENTS OR LOCATION  THROUGH
 THE USE OF A GLOBAL POSITIONING SYSTEM OR OTHER DEVICE.
   STALKING  A  POLICE  OFFICER OR PEACE OFFICER IN THE THIRD DEGREE IS A
 CLASS E FELONY.
   § 3. The penal law is amended by adding a new section 120.85  to  read
 as follows:
 § 120.85 STALKING  A  POLICE  OFFICER  OR  PEACE  OFFICER  IN THE SECOND
            DEGREE.
   A PERSON IS GUILTY OF STALKING A POLICE OFFICER OR  PEACE  OFFICER  IN
 THE SECOND DEGREE WHEN HE OR SHE:
   1.  COMMITS THE CRIME OF STALKING A POLICE OFFICER OR PEACE OFFICER IN
 THE THIRD DEGREE IN VIOLATION OF SECTION 120.80 OF THIS ARTICLE  AGAINST
 TWO  OR  MORE POLICE OFFICERS, PEACE OFFICERS, OR A PERSON WHO HE OR SHE
 KNOWS OR REASONABLY SHOULD KNOW IS A MEMBER OF ANY SUCH OFFICER'S  IMME-

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 DIATE  FAMILY, IN TWO OR MORE SEPARATE TRANSACTIONS, FOR WHICH THE ACTOR
 HAS NOT BEEN PREVIOUSLY CONVICTED; OR
   2.  COMMITS THE CRIME OF STALKING A POLICE OFFICER OR PEACE OFFICER IN
 THE THIRD DEGREE IN VIOLATION OF SECTION 120.80 OF THIS ARTICLE  AGAINST
 ANY  POLICE OFFICER OR PEACE OFFICER, OR A PERSON WHO HE OR SHE KNOWS OR
 REASONABLY SHOULD KNOW IS A MEMBER OF SUCH OFFICER'S  IMMEDIATE  FAMILY,
 AND  HAS  PREVIOUSLY BEEN CONVICTED, WITHIN THE PRECEDING TEN YEARS OF A
 SPECIFIED PREDICATE CRIME, AS DEFINED IN  SUBDIVISION  FIVE  OF  SECTION
 120.40  OF  THIS  ARTICLE, AND THE VICTIM OF SUCH PREDICATE CRIME IS THE
 VICTIM POLICE OFFICER, PEACE OFFICER, OR A PERSON WHO HE OR SHE KNOWS OR
 REASONABLY SHOULD KNOW IS A MEMBER OF SUCH OFFICER'S  IMMEDIATE  FAMILY;
 OR
   3.  WITH  INTENT  TO HARASS, ANNOY OR ALARM A SPECIFIC POLICE OFFICER,
 PEACE OFFICER, OR A PERSON WHO HE OR SHE KNOWS OR REASONABLY SHOULD KNOW
 IS A MEMBER OF SUCH OFFICER'S IMMEDIATE FAMILY, INTENTIONALLY ENGAGES IN
 A COURSE OF CONDUCT DIRECTED AT SUCH POLICE OFFICER, PEACE OFFICER OR  A
 PERSON WHO HE OR SHE KNOWS OR REASONABLY SHOULD KNOW IS A MEMBER OF SUCH
 OFFICER'S  IMMEDIATE  FAMILY, WHICH IS LIKELY TO CAUSE A SPECIFIC POLICE
 OFFICER, PEACE OFFICER OR A PERSON WHO HE OR  SHE  KNOWS  OR  REASONABLY
 SHOULD KNOW IS A MEMBER OF SUCH OFFICER'S IMMEDIATE FAMILY TO REASONABLY
 FEAR PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY, THE COMMISSION OF A SEX
 OFFENSE  AGAINST, OR THE KIDNAPPING, UNLAWFUL IMPRISONMENT OR DEATH OF A
 SPECIFIC POLICE OFFICER, PEACE OFFICER OR PERSON  HE  OR  SHE  KNOWS  OR
 REASONABLY  SHOULD  KNOW IS A MEMBER OF SUCH OFFICER'S IMMEDIATE FAMILY;
 OR
   4. COMMITS THE CRIME OF STALKING A POLICE OFFICER OR PEACE OFFICER  IN
 THE  THIRD DEGREE IN VIOLATION OF SECTION 120.85 OF THIS ARTICLE AND HAS
 PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING TEN YEARS OF  STALKING  A
 POLICE OFFICER OR PEACE OFFICER IN THE THIRD DEGREE.
   STALKING  A  POLICE OFFICER OR PEACE OFFICER IN THE SECOND DEGREE IS A
 CLASS D FELONY.
   § 4. The penal law is amended by adding a new section 120.90  to  read
 as follows:
 § 120.90 STALKING A POLICE OFFICER OR PEACE OFFICER IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY OF STALKING A POLICE OFFICER OR PEACE OFFICER IN
 THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF STALKING  A  POLICE
 OFFICER  OR  PEACE  OFFICER  IN  THE  THIRD DEGREE AS DEFINED IN SECTION
 120.80 OF THIS ARTICLE OR STALKING A POLICE OFFICER OR PEACE OFFICER  IN
 THE  SECOND  DEGREE AS DEFINED IN SECTION 120.85 OF THIS ARTICLE AND, IN
 THE COURSE AND FURTHERANCE THEREOF, HE OR SHE:
   1. INTENTIONALLY OR RECKLESSLY CAUSES PHYSICAL INJURY TO THE VICTIM OF
 SUCH CRIME; OR
   2. COMMITS A CLASS A MISDEMEANOR DEFINED IN ARTICLE ONE HUNDRED THIRTY
 OF THIS CHAPTER, OR A CLASS E FELONY DEFINED IN SECTION  130.25,  130.40
 OR 130.85 OF THIS CHAPTER, OR A CLASS D FELONY DEFINED IN SECTION 130.30
 OR 130.45 OF THIS CHAPTER.
   STALKING  A  POLICE  OFFICER OR PEACE OFFICER IN THE FIRST DEGREE IS A
 CLASS C FELONY.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.