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.