senate Bill S2226

2021-2022 Legislative Session

Creates the crime of stalking a police officer or peace officer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Jan 20, 2021 referred to codes


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S2226 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate 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 2019-2020 Legislative Session:
S8824, A10970

S2226 (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.

S2226 (ACTIVE) - Sponsor Memo

S2226 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                             January 20, 2021
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed 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

   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


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