S T A T E O F N E W Y O R K
________________________________________________________________________
1182
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________
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 amended by chapter 184 of the laws of 2014, is amended to read as
follows:
Stalking in the fourth degree is a class [B] A misdemeanor.
§ 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.
§ 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.
§ 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.
§ 5. Paragraphs (b), (c) and (d) of subdivision 1 of section 70.02 of
the penal law, paragraph (b) as amended by chapter 1 of the laws of
2013, paragraph (c) as amended by chapter 368 of the laws of 2015 and
paragraph (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) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05856-01-7
S. 1182 2
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, STALKING IN THE FIRST DEGREE AS DEFINED IN
SUBDIVISION ONE OF SECTION 120.60, strangulation in the first degree as
defined in section 121.13, 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, aggravated criminal
possession of a weapon as defined in section 265.19, 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 chemi-
cal 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, strangulation in the second
degree as defined in section 121.12, 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, labor
trafficking as defined in paragraphs (a) and (b) of subdivision three of
section 135.35, criminal possession of a weapon in the third degree as
defined in subdivision five, six, seven, eight, nine or ten 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.
§ 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
