NY State Senate Bill 2025-S8468

Current Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 01, 2025	referred to rules

2025-S8468 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§120.09 & 120.09-a, add §§120.59 & 240.33-a, Pen L

2025-S8468 (ACTIVE) - Summary

Relates to assault on an elected official; establishes the crimes of stalking an elected official and aggravated harassment of an elected official.

2025-S8468 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8468

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the penal law, in relation to an assault on an elected
official and to establish the crimes of stalking an elected official and
aggravated harassment of an elected official

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to increase penalties for assaulting, stalk-
ing, or harassing an elected official.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 120.09 and 120.09-a of the penal law to add
elected officials to the existing statute of assault and aggravated
assault on a judge. Section 120.09 states, an actor is guilty of assault
on an elected official when, with intent to prevent them from performing
official duties, they cause serious physical injury.

Section 120.09-a states, an actor is guilty of aggravated assault on an
elected official when the actor has the specific intent to cause serious
physical injury while also intending to prevent the elected official
from performing their duties. The term "elected official" is broadly
defined to include officials at all levels of New York State government,
including those elected to town, library, and school boards.

Section 2 adds a new section to the penal law, 120.59, which establishes
and defines the offense of stalking an elected official.  An actor
commits this crime if they engage in conduct which constitutes either
stalking in the third degree (Penal Law § 120.50(3)) or stalking in the
second degree (Penal Law § 120.55), and the target is an elected offi-
cial or a member of the official's immediate family. The term "elected
official" is broadly defined to include officials at all levels of New
York State government, including those elected to town, library, and
school boards. It is clarified nothing shall restrict legitimate commu-
nication with public officials about their duties. This new offense is
categorized as a class D felony.

Section 3 adds a new section to the penal law, 240.33-a, which estab-
lishes and defines the offense of aggravated harassment of an elected
official. It outlines six types of prohibited conduct, including: (1)
sending threats which cause fear of physical or property harm; (2)
harassing phone calls with no legitimate purpose; (3) physical threats
or actions motivated by bias (e.g., race, religion, gender identity);
(4) causing physical injury through physical contact; (5) criminal tres-
pass targeting the official or their immediate family; and (6) commit-
ting first-degree harassment after a prior conviction within the past
ten years where the victim was an elected official or a member of their
immediate family. The law broadly defines "elected official" to include
officials at all levels of New York State government, including those
elected to town, library, and school boards; and includes protection for
meDers of their immediate families. This offense is classified as a
class E felony.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Threats, harassment, and violence directed towards elected officials is
rising. In a survey conducted by the National League of Cities, 87% of
public officials surveyed observed an increase in attacks.

Similarly, the Brenner Center for Justice noted that in a series of
national surveys from 2023, state legislators and local officials -
representing more than 1,700 officials from all 50 states -reported that
they had experienced threats or attacks, and that volume and severity of
abuse increased over time.

In these studies, it was reported that more than 40 percent of state
legislators had experienced threats or attacks within the past three
years, and more than 18 percent of local officeholders experienced
threats or attacks within the past year and a half. These numbers rose
to 89 percent of state legislators and 52 percent of local officeholders
when insults or harassment such as stalking were included.

A Chapman University study also noted a steady increase in threats
against public officials since 2017 and reported that the digital age
has contributed to the ease with which individuals can identify public
officials, their residences, and their activities, which in turn has
created unprecedented assault opportunities. The shootings of the two
Minnesota state lawmakers and their family members are prime examples of
this type of targeted assault and has highlighted the need for change on
multiple levels, from increased security to tougher laws and penalties
for those who target elected officials.

This bill shall help to deter attacks by increasing the penalties for
assaulting, stalking, or harassing an elected official. This bill
bolsters the convictions of those who commit these crimes by increasing
the penalty levels to felony classifications. This will help reflect the
seriousness of these crimes and allow for punishments matching the
severity of these offenses.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2025-S8468 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8468
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              August 1, 2025
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to an assault on  an  elected
   official  and  to establish the crimes of stalking an elected official
   and aggravated harassment of an elected official

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.09 of the penal law, as amended by section 3 of
 part F of chapter 55 of the laws of 2024, is amended to read as follows:
 § 120.09 Assault on a judge OR ELECTED OFFICIAL.
   1.  A  person  is  guilty  of  assault on a judge when, with intent to
 prevent a judge from performing official judicial  duties,  such  person
 causes  serious  physical injury to such judge. For the purposes of this
 section, the term judge shall mean a judge of a court  of  record  or  a
 justice court.
   2.  A  PERSON  IS  GUILTY OF ASSAULT ON AN ELECTED OFFICIAL WHEN, WITH
 INTENT TO PREVENT AN ELECTED OFFICIAL  FROM  PERFORMING  THEIR  OFFICIAL
 DUTIES, SUCH PERSON CAUSES SERIOUS PHYSICAL INJURY TO SUCH ELECTED OFFI-
 CIAL.  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "ELECTED OFFICIAL"
 SHALL MEAN AN ELECTED OFFICIAL OF THE STATE OF NEW YORK OR OF ANY  CITY,
 COUNTY,  TOWN,  VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, AND
 INCLUDES ANYONE WHO IS ELECTED TO A TOWN BOARD, LIBRARY BOARD, OR SCHOOL
 BOARD.
   Assault on a judge OR ELECTED OFFICIAL is a class C felony.
   § 2. Section 120.09-a of the penal law, as added by section 4 of  part
 F of chapter 55 of the laws of 2024, is amended to read as follows:
 § 120.09-a Aggravated assault on a judge OR ELECTED OFFICIAL.
   1.  A  person  is  guilty  of aggravated assault on a judge when, with
 intent to cause  serious  physical  injury  and  prevent  a  judge  from
 performing official judicial duties, such person causes serious physical
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13567-03-5
 S. 8468                             2

 
 injury  to  such judge. For the purposes of this section, the term judge
 shall mean a judge of a court of record or a justice court.
   2.  A  PERSON  IS  GUILTY OF AGGRAVATED ASSAULT ON AN ELECTED OFFICIAL
 WHEN, WITH INTENT TO  CAUSE  SERIOUS  PHYSICAL  INJURY  AND  PREVENT  AN
 ELECTED  OFFICIAL  FROM  PERFORMING  THEIR  OFFICIAL DUTIES, SUCH PERSON
 CAUSES SERIOUS  PHYSICAL  INJURY  TO  SUCH  ELECTED  OFFICIAL.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  THE  TERM "ELECTED OFFICIAL" SHALL MEAN AN
 ELECTED OFFICIAL OF THE STATE OF NEW YORK OR OF ANY CITY, COUNTY,  TOWN,
 VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, AND INCLUDES ANYONE
 WHO IS ELECTED TO A TOWN BOARD, LIBRARY BOARD, OR SCHOOL BOARD.
   Aggravated assault on a judge OR ELECTED OFFICIAL is a class B felony.
   §  3.  The penal law is amended by adding a new section 120.59 to read
 as follows:
 § 120.59 STALKING AN ELECTED OFFICIAL.
   A PERSON IS GUILTY OF STALKING AN ELECTED OFFICIAL  WHEN  THEY  COMMIT
 THE  CRIME  OF  STALKING  IN  THE THIRD DEGREE AS DEFINED IN SUBDIVISION
 THREE OF SECTION 120.50 OR STALKING IN THE SECOND DEGREE AS  DEFINED  IN
 SECTION  120.55  OF  THIS  ARTICLE  AND  THE  VICTIM OF SUCH CRIME IS AN
 ELECTED OFFICIAL OR A MEMBER OF SUCH ELECTED OFFICIAL'S IMMEDIATE  FAMI-
 LY.  FOR THE PURPOSES OF THIS SECTION, THE TERM "ELECTED OFFICIAL" SHALL
 MEAN AN ELECTED OFFICIAL OF THE STATE OF NEW YORK OR OF ANY CITY,  COUN-
 TY,  TOWN,  VILLAGE  OR  OTHER  POLITICAL  SUBDIVISION OF THE STATE, AND
 INCLUDES ANYONE WHO IS ELECTED TO A TOWN BOARD, LIBRARY BOARD, OR SCHOOL
 BOARD.  NOTHING IN THIS SECTION SHALL  RESTRICT  COMMUNICATION  WITH  AN
 ELECTED  OFFICIAL  WHERE  SUCH  COMMUNICATION RELATES TO SUCH OFFICIAL'S
 ELECTED OFFICE.
   STALKING AN ELECTED OFFICIAL IS A CLASS D FELONY.
   § 4. The penal law is amended by adding a new section 240.33-a to read
 as follows:
 § 240.33-A AGGRAVATED HARASSMENT OF AN ELECTED OFFICIAL.
   A PERSON IS GUILTY OF AGGRAVATED HARASSMENT  OF  AN  ELECTED  OFFICIAL
 WHEN:
   1.  WITH  INTENT  TO HARASS AN ELECTED OFFICIAL, THE ACTOR EITHER: (A)
 COMMUNICATES, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, BY COMPUTER OR ANY
 OTHER ELECTRONIC MEANS, OR BY MAIL, OR BY TRANSMITTING OR DELIVERING ANY
 OTHER FORM OF COMMUNICATION, A THREAT TO  CAUSE  PHYSICAL  HARM  TO,  OR
 UNLAWFUL HARM TO THE PROPERTY OF, A PERSON THE ACTOR KNOWS OR REASONABLY
 SHOULD  KNOW  IS  AN ELECTED OFFICIAL, OR A MEMBER OF SUCH ELECTED OFFI-
 CIAL'S IMMEDIATE FAMILY, AND THE ACTOR KNOWS OR REASONABLY  SHOULD  KNOW
 THAT  SUCH  COMMUNICATION WILL CAUSE SUCH ELECTED OFFICIAL TO REASONABLY
 FEAR HARM TO SUCH ELECTED OFFICIAL'S PHYSICAL SAFETY OR PROPERTY, OR  TO
 THE  PHYSICAL  SAFETY OR PROPERTY OF A MEMBER OF SUCH ELECTED OFFICIAL'S
 IMMEDIATE FAMILY; OR (B) CAUSES A COMMUNICATION TO BE  INITIATED  ANONY-
 MOUSLY  OR  OTHERWISE, BY TELEPHONE, BY COMPUTER OR ANY OTHER ELECTRONIC
 MEANS, OR BY MAIL, OR BY TRANSMITTING OR DELIVERING ANY  OTHER  FORM  OF
 COMMUNICATION,  A  THREAT TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO
 THE PROPERTY OF, A PERSON THE ACTOR KNOWS OR REASONABLY SHOULD  KNOW  IS
 AN  ELECTED  OFFICIAL,  OR A MEMBER OF SUCH ELECTED OFFICIAL'S IMMEDIATE
 FAMILY, AND THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNI-
 CATION WILL CAUSE SUCH ELECTED OFFICIAL TO REASONABLY FEAR HARM TO  SUCH
 PERSON'S PHYSICAL SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROP-
 ERTY OF A MEMBER OF SUCH ELECTED OFFICIAL'S IMMEDIATE FAMILY; OR
   2.  WITH  INTENT  TO  HARASS  OR  THREATEN A PERSON THE ACTOR KNOWS OR
 REASONABLY SHOULD KNOW IS AN  ELECTED  OFFICIAL  OR  A  MEMBER  OF  SUCH
 ELECTED  OFFICIAL'S  IMMEDIATE  FAMILY, THE ACTOR ENGAGES IN ANY FORM OF
 COMMUNICATION, INCLUDING TELEPHONIC AND ELECTRONIC  COMMUNICATION,  WITH
 S. 8468                             3
 
 SUCH  ELECTED  OFFICIAL  OR A MEMBER OF SUCH OFFICIAL'S IMMEDIATE FAMILY
 WITH NO LEGITIMATE PURPOSE; OR
   3.  WITH  THE  INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON THE
 ACTOR KNOWS OR REASONABLY SHOULD KNOW IS AN ELECTED OFFICIAL OR A MEMBER
 OF SUCH ELECTED OFFICIAL'S IMMEDIATE FAMILY, THE ACTOR STRIKES,  SHOVES,
 KICKS,  OR  OTHERWISE  SUBJECTS  ANOTHER  PERSON TO PHYSICAL CONTACT, OR
 ATTEMPTS OR THREATENS TO DO THE SAME BECAUSE OF A BELIEF  OR  PERCEPTION
 REGARDING  SUCH PERSON'S RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER,
 GENDER IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE,  DISA-
 BILITY  OR  SEXUAL  ORIENTATION,  REGARDLESS  OF  WHETHER  THE BELIEF OR
 PERCEPTION IS CORRECT; OR
   4. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  PERSON  THE
 ACTOR KNOWS OR REASONABLY SHOULD KNOW IS AN ELECTED OFFICIAL OR A MEMBER
 OF  SUCH ELECTED OFFICIAL'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES,
 KICKS OR OTHERWISE SUBJECTS ANOTHER PERSON TO PHYSICAL  CONTACT  THEREBY
 CAUSING  PHYSICAL  INJURY  TO  SUCH  ELECTED OFFICIAL OR TO AN IMMEDIATE
 FAMILY MEMBER OF SUCH ELECTED OFFICIAL; OR
   5. THE ACTOR COMMITS THE CRIME  OF  CRIMINAL  TRESPASS  IN  THE  THIRD
 DEGREE AS DEFINED BY SECTION 140.10 OF THIS CHAPTER AGAINST A PERSON THE
 ACTOR KNOWS OR REASONABLY SHOULD KNOW IS AN ELECTED OFFICIAL OR A MEMBER
 OF SUCH ELECTED OFFICIAL'S IMMEDIATE FAMILY; OR
   6.  THE  ACTOR  COMMITS  THE  CRIME  OF HARASSMENT IN THE FIRST DEGREE
 AGAINST A PERSON THE ACTOR KNOWS OR REASONABLY SHOULD KNOW IS AN ELECTED
 OFFICIAL OR A MEMBER OF SUCH ELECTED OFFICIAL'S IMMEDIATE FAMILY AND HAS
 PREVIOUSLY BEEN CONVICTED OF THE CRIME OF HARASSMENT IN THE FIRST DEGREE
 AS DEFINED BY SECTION 240.25 OF THIS ARTICLE WITHIN  THE  PRECEDING  TEN
 YEARS  AND SUCH CONVICTION INVOLVED A VICTIM WHO WAS AN ELECTED OFFICIAL
 OR A MEMBER OF AN ELECTED OFFICIAL'S IMMEDIATE FAMILY.  FOR THE PURPOSES
 OF THIS SECTION, THE TERM "ELECTED OFFICIAL" SHALL MEAN AN ELECTED OFFI-
 CIAL OF THE STATE OF NEW YORK OR OF ANY CITY, COUNTY, TOWN,  VILLAGE  OR
 OTHER  POLITICAL  SUBDIVISION  OF  THE STATE, AND INCLUDES ANYONE WHO IS
 ELECTED TO A TOWN BOARD, LIBRARY BOARD, OR SCHOOL BOARD; AND  "IMMEDIATE
 FAMILY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 120.40 OF THIS
 CHAPTER.
   AGGRAVATED HARASSMENT OF AN ELECTED OFFICIAL IS A CLASS E FELONY.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S8468

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Current Bill Status - In Senate Committee Rules Committee

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2025-S8468 (ACTIVE) - Details

2025-S8468 (ACTIVE) - Summary

2025-S8468 (ACTIVE) - Sponsor Memo

2025-S8468 (ACTIVE) - Bill Text download pdf

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Sponsored By

Monica R. Martinez

Current Bill Status - In Senate Committee Rules Committee

Actions

2025-S8468 (ACTIVE) - Details

2025-S8468 (ACTIVE) - Summary

2025-S8468 (ACTIVE) - Sponsor Memo

2025-S8468 (ACTIVE) - Bill Text download pdf

Comments