assembly Bill A10970

2019-2020 Legislative Session

Creates the crime of stalking a police officer or peace officer

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 09, 2020 referred to codes

A10970 (ACTIVE) - Details

See Senate Version of this Bill:
S8824
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.40, add §120.80, Pen L; amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2021-2022 Legislative Session:
A1066, S2226

A10970 (ACTIVE) - Summary

Creates the crime of stalking a police officer or peace officer when a person 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 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; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

A10970 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10970
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
   -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
   relation to creating the crime 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, paragraph b of subdivision 5 as amended by chapter 320
 of the laws of 2006 and paragraph c  of  subdivision  5  as  amended  by
 section  7  of  part NN of chapter 55 of the laws of 2018, is amended to
 read as follows:
 § 120.40 Definitions.
   For purposes of sections 120.45,  120.50,  120.55  [and],  120.60  AND
 120.80 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