Assembly Bill A1562

2023-2024 Legislative Session

Creates the crime of stalking a police officer or peace officer

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A1562 (ACTIVE) - Details

See Senate Version of this Bill:
S2522
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 Other Legislative Sessions:
2019-2020: A10970, S8824
2021-2022: A1066, S2226

2023-A1562 (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.

2023-A1562 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1562
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. BUTTENSCHON, NORRIS -- 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04842-02-3
              

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