Assembly Bill A9132

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9132
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to including certain  use  of
   Bluetooth  technology  to  follow a person in the crime of stalking in
   the fourth degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Section 120.45 of the penal law, as amended by chapter 184
 of the laws of 2014, is amended to read as follows:
 § 120.45 Stalking in the fourth degree.
   A  person  is  guilty  of stalking in the fourth degree when he or she
 intentionally, and for no legitimate purpose, engages  in  a  course  of
 conduct  directed  at  a specific person, 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 person, a  member  of  such  person's
 immediate  family  or a third party with whom such person is acquainted;
 or
   2. causes material harm to the mental  or  emotional  health  of  such
 person,  where such conduct consists of following, telephoning or initi-
 ating communication or contact  with  such  person,  a  member  of  such
 person's  immediate  family  or  a  third party with whom such person is
 acquainted, and the actor was previously clearly informed to cease  that
 conduct; or
   3.  is  likely to cause such person to reasonably fear that his or her
 employment,  business  or  career  is  threatened,  where  such  conduct
 consists  of  appearing,  telephoning  or  initiating  communication  or
 contact at such person's place of employment or business, and the  actor
 was previously clearly informed to cease that conduct.
   For the purposes of subdivision two of this section, "following" shall
 include the unauthorized tracking of such person's movements or location
 through the use of a global positioning system, BLUETOOTH TECHNOLOGY, or
 other device.
   Stalking in the fourth degree is a class B misdemeanor.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14408-01-2