Senate Bill S2226

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2226
 
                        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
   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
                       [ ] is old law to be omitted.
                                                            LBD02232-01-1

 S. 2226                             2
 
 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 OFFICE AS DEFINED IN SECTION 120.80; 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.
   A PERSON IS GUILTY OF STALKING A POLICE OFFICER OR PEACE OFFICER WHEN:
   1.  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 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;
   2. 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 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  COMMUNI-
 CATION  OR CONTACT WITH SUCH OFFICER OR A MEMBER OF SUCH OFFICER'S IMME-
 DIATE FAMILY, AND THE ACTOR WAS PREVIOUSLY  CLEARLY  INFORMED  TO  CEASE
 THAT CONDUCT; OR
   3. HE OR SHE INTENTIONALLY, AND FOR NO LEGITIMATE PURPOSE, APPROACHES,
 WITHIN ONE HUNDRED YARDS, THE PRIVATE RESIDENCE OR PLACE OF LODGING OF A
 POLICE  OFFICER  OR  PEACE OFFICER, WITHOUT THE CONSENT OF SUCH OFFICER,
 FOR REASONS RELATED TO THE OFFICER'S STATUS OR SERVICE AS A POLICE OFFI-
 CER OR PEACE OFFICER AND SUCH PURPOSES ARE FOR THE PURPOSE OF HARMING OR
 INTIMIDATING THE OFFICER OR THE OFFICER'S IMMEDIATE FAMILY.
   FOR PURPOSES OF SUBDIVISION TWO OF  THIS  SECTION,  "FOLLOWING"  SHALL
 INCLUDE THE UNAUTHORIZED TRACKING OF A POLICE OFFICER, PEACE OFFICER, OR
 SUCH OFFICER'S IMMEDIATE FAMILY MEMBER MOVEMENTS OR LOCATION THROUGH THE
 USE OF A GLOBAL POSITIONING SYSTEM OR OTHER DEVICE.
   STALKING A POLICE OFFICER OR PEACE OFFICER IS A CLASS E FELONY.
   §  3.  Paragraph (s) and (t) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of part UU of  chapter  56

 S. 2226                             3
 
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (U) STALKING A POLICE  OFFICER  OR  PEACE  OFFICER  AS  DEFINED  UNDER
 SECTION 120.80 OF THE PENAL LAW.
   §  4.  Paragraphs  (xix) and (xx) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 part UU of chapter 56 of the laws of 2020, are amended and a  new  para-
 graph (xxi) is added to read as follows:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (XXI) STALKING A POLICE OFFICER OR  PEACE  OFFICER  AS  DEFINED  UNDER
 SECTION 120.80 OF THE PENAL LAW.
   §  5. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
 criminal procedure law, as added by section 4 of part UU of  chapter  56
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision[.]; OR
   (U)  STALKING  A  POLICE  OFFICER  OR  PEACE  OFFICER AS DEFINED UNDER
 SECTION 120.80 OF THE PENAL LAW.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.