STATE OF NEW YORK ________________________________________________________________________ 2522 2023-2024 Regular Sessions IN SENATE January 23, 2023 ___________ 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: 1 Section 1. Section 120.40 of the penal law, as added by chapter 635 of 2 the laws of 1999, paragraph b of subdivision 5 as amended by chapter 320 3 of the laws of 2006 and paragraph c of subdivision 5 as amended by 4 section 7 of part NN of chapter 55 of the laws of 2018, is amended to 5 read as follows: 6 § 120.40 Definitions. 7 For purposes of sections 120.45, 120.50, 120.55 [and], 120.60 and 8 120.80 of this article: 9 1. "Kidnapping" shall mean a kidnapping crime defined in article one 10 hundred thirty-five of this chapter. 11 2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony 12 crime defined in article one hundred thirty-five of this chapter. 13 3. "Sex offense" shall mean a felony defined in article one hundred 14 thirty of this chapter, sexual misconduct, as defined in section 130.20 15 of this chapter, sexual abuse in the third degree as defined in section 16 130.55 of this chapter or sexual abuse in the second degree as defined 17 in section 130.60 of this chapter. 18 4. "Immediate family" means the spouse, former spouse, parent, child, 19 sibling, or any other person who regularly resides or has regularly 20 resided in the household of a person. 21 5. "Specified predicate crime" means: 22 a. a violent felony offense; 23 b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45, 24 130.55, 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
S. 2522 2 1 c. assault in the third degree, as defined in section 120.00; menacing 2 in the first degree, as defined in section 120.13; menacing in the 3 second degree, as defined in section 120.14; coercion in the first 4 degree, as defined in section 135.65; coercion in the second degree, as 5 defined in section 135.61; coercion in the third degree, as defined in 6 section 135.60; aggravated harassment in the second degree, as defined 7 in section 240.30; harassment in the first degree, as defined in section 8 240.25; menacing in the third degree, as defined in section 120.15; 9 criminal mischief in the third degree, as defined in section 145.05; 10 criminal mischief in the second degree, as defined in section 145.10[,]; 11 criminal mischief in the first degree, as defined in section 145.12; 12 criminal tampering in the first degree, as defined in section 145.20; 13 arson in the fourth degree, as defined in section 150.05; arson in the 14 third degree, as defined in section 150.10; criminal contempt in the 15 first degree, as defined in section 215.51; endangering the welfare of a 16 child, as defined in section 260.10; or 17 d. stalking in the fourth degree, as defined in section 120.45; stalk- 18 ing in the third degree, as defined in section 120.50; stalking in the 19 second degree, as defined in section 120.55; stalking a police officer 20 or peace officer as defined in section 120.80; or 21 e. an offense in any other jurisdiction which includes all of the 22 essential elements of any such crime for which a sentence to a term of 23 imprisonment in excess of one year or a sentence of death was authorized 24 and is authorized in this state irrespective of whether such sentence 25 was imposed. 26 § 2. The penal law is amended by adding a new section 120.80 to read 27 as follows: 28 § 120.80 Stalking a police officer or peace officer. 29 A person is guilty of stalking a police officer or peace officer when: 30 1. He or she intentionally, and for no legitimate purpose, engages in 31 a course of conduct directed at a specific police officer, peace officer 32 or a person who he or she knows or reasonably should know is a member of 33 such officer's immediate family, and knows or reasonably should know 34 that such conduct is likely to cause reasonable fear of material harm to 35 the physical health, safety or property of such officer or member of 36 such officer's immediate family; 37 2. He or she intentionally, and for no legitimate purpose, engages in 38 a course of conduct directed at a specific police officer, peace officer 39 or a person who he or she knows or reasonably should know is a member of 40 such officer's immediate family, and knows or reasonably should know 41 that such conduct causes material harm to the mental or emotional health 42 of such officer or member of such officer's immediate family, where such 43 conduct consists of the following, telephoning or initiating communi- 44 cation or contact with such officer or a member of such officer's imme- 45 diate family, and the actor was previously clearly informed to cease 46 that conduct; or 47 3. He or she intentionally, and for no legitimate purpose, approaches, 48 within one hundred yards, the private residence or place of lodging of a 49 police officer or peace officer, without the consent of such officer, 50 for reasons related to the officer's status or service as a police offi- 51 cer or peace officer and such purposes are for the purpose of harming or 52 intimidating the officer or the officer's immediate family. 53 For purposes of subdivision two of this section, "following" shall 54 include the unauthorized tracking of a police officer, peace officer, or 55 such officer's immediate family member movements or location through the 56 use of a global positioning system or other device.
S. 2522 3 1 Stalking a police officer or peace officer is a class E felony. 2 § 3. Paragraph (t) and (u) of subdivision 4 of section 510.10 of the 3 criminal procedure law, paragraph (t) as amended and paragraph (u) as 4 added by section 2 of subpart B of part UU of chapter 56 of the laws of 5 2022, are amended and a new paragraph (v) is added to read as follows: 6 (t) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, or any charge of criminal possession of a 8 firearm as defined in section 265.01-b of the penal law, where such 9 charge arose from conduct occurring while the defendant was released on 10 his or her own recognizance, released under conditions, or had yet to be 11 arraigned after the issuance of a desk appearance ticket for a separate 12 felony or class A misdemeanor involving harm to an identifiable person 13 or property, or any charge of criminal possession of a firearm as 14 defined in section 265.01-b of the penal law, provided, however, that 15 the prosecutor must show reasonable cause to believe that the defendant 16 committed the instant crime and any underlying crime. For the purposes 17 of this subparagraph, any of the underlying crimes need not be a quali- 18 fying offense as defined in this subdivision. For the purposes of this 19 paragraph, "harm to an identifiable person or property" shall include 20 but not be limited to theft of or damage to property. However, based 21 upon a review of the facts alleged in the accusatory instrument, if the 22 court determines that such theft is negligible and does not appear to be 23 in furtherance of other criminal activity, the principal shall be 24 released on his or her own recognizance or under appropriate non-mone- 25 tary conditions; [or] 26 (u) criminal possession of a weapon in the third degree as defined in 27 subdivision three of section 265.02 of the penal law or criminal sale of 28 a firearm to a minor as defined in section 265.16 of the penal law[.]; 29 or 30 (v) stalking a police officer or peace officer as defined under 31 section 120.80 of the penal law. 32 § 4. Paragraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 33 section 530.20 of the criminal procedure law, paragraph (xx) as amended 34 and paragraph (xxi) as added by section 4 of subpart C of part UU of 35 chapter 56 of the laws of 2022, are amended and a new paragraph (xxii) 36 is added to read as follows: 37 (xx) any felony or class A misdemeanor involving harm to an identifi- 38 able person or property, or any charge of criminal possession of a 39 firearm as defined in section 265.01-b of the penal law where such 40 charge arose from conduct occurring while the defendant was released on 41 his or her own recognizance, released under conditions, or had yet to be 42 arraigned after the issuance of a desk appearance ticket for a separate 43 felony or class A misdemeanor involving harm to an identifiable person 44 or property, provided, however, that the prosecutor must show reasonable 45 cause to believe that the defendant committed the instant crime and any 46 underlying crime. For the purposes of this subparagraph, any of the 47 underlying crimes need not be a qualifying offense as defined in this 48 subdivision. For the purposes of this paragraph, "harm to an identifi- 49 able person or property" shall include but not be limited to theft of or 50 damage to property. However, based upon a review of the facts alleged in 51 the accusatory instrument, if the court determines that such theft is 52 negligible and does not appear to be in furtherance of other criminal 53 activity, the principal shall be released on his or her own recognizance 54 or under appropriate non-monetary conditions; [or] 55 (xxi) criminal possession of a weapon in the third degree as defined 56 in subdivision three of section 265.02 of the penal law or criminal sale
S. 2522 4 1 of a firearm to a minor as defined in section 265.16 of the penal 2 law[.]; or 3 (xxii) stalking a police officer or peace officer as defined under 4 section 120.80 of the penal law. 5 § 5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 6 criminal procedure law, paragraph (t) as amended and paragraph (u) as 7 added by section 4 of subpart B of part UU of chapter 56 of the laws of 8 2022, are amended and a new paragraph (v) is added to read as follows: 9 (t) any felony or class A misdemeanor involving harm to an identifi- 10 able person or property, or any charge of criminal possession of a 11 firearm as defined in section 265.01-b of the penal law, where such 12 charge arose from conduct occurring while the defendant was released on 13 his or her own recognizance, released under conditions, or had yet to be 14 arraigned after the issuance of a desk appearance ticket for a separate 15 felony or class A misdemeanor involving harm to an identifiable person 16 or property, or any charge of criminal possession of a firearm as 17 defined in section 265.01-b of the penal law, provided, however, that 18 the prosecutor must show reasonable cause to believe that the defendant 19 committed the instant crime and any underlying crime. For the purposes 20 of this subparagraph, any of the underlying crimes need not be a quali- 21 fying offense as defined in this subdivision. For the purposes of this 22 paragraph, "harm to an identifiable person or property" shall include 23 but not be limited to theft of or damage to property. However, based 24 upon a review of the facts alleged in the accusatory instrument, if the 25 court determines that such theft is negligible and does not appear to be 26 in furtherance of other criminal activity, the principal shall be 27 released on his or her own recognizance or under appropriate non-mone- 28 tary conditions; [or] 29 (u) criminal possession of a weapon in the third degree as defined in 30 subdivision three of section 265.02 of the penal law or criminal sale of 31 a firearm to a minor as defined in section 265.16 of the penal law[.]; 32 or 33 (v) stalking a police officer or peace officer as defined under 34 section 120.80 of the penal law. 35 § 6. This act shall take effect on the thirtieth day after it shall 36 have become a law.