STATE OF NEW YORK ________________________________________________________________________ 7851 2023-2024 Regular Sessions IN ASSEMBLY July 7, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to redefining the term "following" for a crime of stalking in the fourth degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The second undesignated paragraph of section 120.45 of the 2 penal law, as added by chapter 184 of the laws of 2014, is amended to 3 read as follows: 4 For the purposes of subdivision two of this section, "following" shall 5 include the unauthorized tracking of such person's movements or location 6 through the use [of a global positioning system or other device], place- 7 ment, attachment or insertion of any device or computer software, 8 program, spyware, malware or adware that gains access to, records, 9 tracks or reports a movement or location of a person or their property 10 without the person's permission or authority to do so. A person's 11 employer utilizing location or tracking technology during the normal 12 course of business or pursuant to an employment agreement shall not 13 constitute stalking under this statute. 14 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08367-01-3