S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7170
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2019
                                ___________
 
 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, 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, 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07572-01-9
              

 A. 7170                             2
 
   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
 degree,  as defined in section 135.65; coercion in the second degree, as
 defined  in  section 135.61; coercion in the third 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:

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   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-
 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 120.80 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.