S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1478
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 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  23
 of  the  laws  of  2024  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] TITLE.
   2. "Unlawful imprisonment" shall mean an unlawful imprisonment  felony
 crime  defined  in  article  one  hundred  thirty-five of this [chapter]
 TITLE.
   3. "Sex offense" shall mean a felony defined in  article  one  hundred
 thirty of this [chapter] TITLE, sexual misconduct, as defined in section
 130.20  of  this  [chapter]  TITLE,  sexual abuse in the third degree as
 defined in section 130.55 of this [chapter] TITLE or sexual abuse in the
 second degree as defined in section 130.60 of this [chapter] TITLE.
   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, 130.55,  130.60,
 130.70,  255.25, 255.26 or 255.27, or formerly defined in section 130.40
 or 130.45;
   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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02425-01-5
 A. 1478                             2
 
 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 SUCH 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 SUCH PERSON 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 SUCH PERSON:
   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
 A. 1478                             3
 
 TWO OR MORE POLICE OFFICERS, PEACE OFFICERS, OR A PERSON WHO SUCH PERSON
 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 SUCH PERSON KNOWS
 OR REASONABLY SHOULD KNOW IS A MEMBER OF SUCH OFFICER'S IMMEDIATE  FAMI-
 LY, 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 SUCH PERSON KNOWS
 OR REASONABLY SHOULD KNOW IS A MEMBER OF SUCH OFFICER'S IMMEDIATE  FAMI-
 LY; OR
   3.  WITH  INTENT  TO HARASS, ANNOY OR ALARM A SPECIFIC POLICE OFFICER,
 PEACE OFFICER, OR A PERSON WHO SUCH PERSON 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 SUCH PERSON 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 SUCH PERSON 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 IMPRI-
 SONMENT OR DEATH OF A SPECIFIC POLICE OFFICER, PEACE OFFICER  OR  PERSON
 SUCH  PERSON  KNOWS  OR REASONABLY SHOULD KNOW IS A MEMBER OF SUCH OFFI-
 CER'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 SUCH PERSON 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, SUCH PERSON:
   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  TITLE,  OR  A CLASS E FELONY DEFINED IN SECTION 130.25, FORMER
 130.40 OR 130.85 OF THIS TITLE, OR A CLASS D FELONY DEFINED  IN  SECTION
 130.30 OR FORMER 130.45 OF THIS TITLE.
   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.