Provides that stalking by technological means, including illegal wiretapping, cell phones, caller ID, Internet, cameras and GPS systems, shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees.

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S108-2011 Actions

• Mar 14, 2012: referred to codes
• Mar 14, 2012: DELIVERED TO ASSEMBLY
• Mar 14, 2012: PASSED SENATE
• Mar 13, 2012: ADVANCED TO THIRD READING
• Mar 12, 2012: 2ND REPORT CAL.
• Mar 7, 2012: 1ST REPORT CAL.317
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 22, 2011: referred to codes
• Jun 22, 2011: DELIVERED TO ASSEMBLY
• Jun 22, 2011: PASSED SENATE
• Jun 22, 2011: ORDERED TO THIRD READING CAL.1467
• Jun 22, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 31, 2011: COMMITTEE DISCHARGED AND COMMITTED TO CRIME VICTIMS, CRIME AND CORRECTION
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CODES

S108-2011 Meetings

Crime Victims, Crime and Correction: Mar 7, 2012, Rules: Jun 24, 2011

S108-2011 Calendars

Active List: Mar 14, 2012 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Jun 22, 2011

S108-2011 Votes

S108-2011 Memo

BILL NUMBER:S108

TITLE OF BILL:               REVISED 12/30/11
An act
to amend the penal law, in relation to prohibiting stalking by
technological means

PURPOSE OR GENERAL IDEA OF BILL:
Provides that stalking by technological means shall be prohibited and
shall be included in the crimes of stalking in the first, second and
third degrees.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1
Amends section 120.40 of the Penal Law by adding a new subdivision 6.
Defines technological means. Such technological means include, but
are not limited to:
illegal wire tapping, cell phones, caller identification, the
Internet, cameras, global positioning systems and any other type of
tracking device.

Section 2
Amends section 120.50 (4) of the Penal Law and adds a new subdivision
5. Adds stalking in the forth degree by utilizing technological means.

Section 3
Amends section 120.55 (5) of the Penal Law and adds a new subdivision
6. Adds stalking in the third degree by utilizing technological means.

Section 4
Amends section 120.60(2) of the Penal Law and adds a new subdivision
3.  Adds stalking in the second degree by utilizing technological means.

Section 5
Effective Date

EXISTING LAW:

This legislation adds stalking by technological means to the current
statute.

JUSTIFICATION:

A recent study by the United States Department of Justice concludes
that one in twelve women will be stalked during her lifetime and one
out of every forty-five men will be stalked during his lifetime. The
study further estimated that 1,006,970 women and 370,990 men are
stalked annually. New York State's Stalking Law was enacted in 1999.
Since that time, the availability of
new and ever more sophisticated technological means which can be
utilized by a stalker to further his or her purpose has greatly
increased.

Tracy Bahm, Director of the Stalking Resource Center (a part of the
National Center for Victims of Crime) has stated; "As society and
technology evolve, stalkers will always find new ways to harass


their victims." Illegal wiretapping, cell phones, caller
identification, the Internet, hidden cameras, and tracking devices
including global positioning systems (GPS) are just a few of the
technological means which have been employed by stalkers. This
equipment can be purchased locally or over the Internet and the costs
are not prohibitive. In a recent Wisconsin case, the stalker had
placed a GPS device between the radiator and the grill of the
victim's car, enabling the stalker to track the victim wherever and
whenever he wanted. A GPS device uses an array of satellites to
pinpoint location and can also send coordinates to cell phones or
computers. GPS's are used by trucking companies to track cargo,
corrections authorities use them to monitor parolees, and hikers,
boaters and motorists use the systems to keep from getting lost, just
to name a few of the current legitimate uses for the systems, and now
stalkers are using them to track their victims.

The current New York law on stalking did not foresee the use of
technological means to commit stalking crimes. This bill updates
current law and prohibits the use of technology in any form in the
furtherance of stalking and increases the penalty for such use.

PRIOR LEGISLATIVE HISTORY:

2011:     S.108 - Passed Senate/A.452 - Referred to Codes
2010:     S.6897 - Referred to Codes/A.9772 - Referred to Codes
2007-08:  S.884 - Passed Senate/A.1176 - Referred to Codes
2005-06:  S.851 - Passed Senate/A. 1944 - Held for Consideration in
          Codes Committee
2003-04:  S.3705A - Passed Senate/A.8428A - Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S108-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     108

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
    printed to be committed to the Committee on Codes

  AN ACT to amend the penal law, in relation to  prohibiting  stalking  by
    technological means

    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 is amended by adding a new
  subdivision 6 to read as follows:

    6. "TECHNOLOGICAL MEANS" MEANS AND SHALL INCLUDE,  BUT  SHALL  NOT  BE
  LIMITED TO, ILLEGAL WIRETAPPING, CELL PHONES, CALLER IDENTIFICATION, THE
  INTERNET,  CAMERAS,  GLOBAL  POSITIONING  SYSTEM  AND  ANY OTHER TYPE OF
  TRACKING DEVICE.
    S 2. Subdivision 4 of section 120.50 of the penal  law,  as  added  by
  chapter  635  of the laws of 1999, is amended and a new subdivision 5 is
  added to read as follows:

    4. Commits the crime of stalking in the fourth degree and  has  previ-
  ously  been  convicted within the preceding ten years of stalking in the
  fourth degree[.]; OR
    5. COMMITS THE CRIME OF STALKING IN THE FOURTH DEGREE IN VIOLATION  OF
  SECTION  120.45  OF  THIS ARTICLE, AND UTILIZES ANY TECHNOLOGICAL MEANS,
  WHETHER ELECTRONIC OR OTHER, IN FURTHERANCE OF SUCH CRIME.
    S 3. Subdivision 5 of section 120.55 of the penal  law,  as  added  by
  chapter  598  of the laws of 2003, is amended and a new subdivision 6 is
  added to read as follows:

    5. Commits the crime of stalking in the third degree,  as  defined  in
  subdivision three of section 120.50 of this article, against ten or more
  persons,  in  ten or more separate transactions, for which the actor has
  not been previously convicted[.]; OR
    6. COMMITS THE CRIME OF STALKING IN THE THIRD  DEGREE  AS  DEFINED  IN
  SUBDIVISIONS  ONE, TWO, THREE AND FOUR OF SECTION 120.50 OF THIS ARTICLE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00199-01-1

 S. 108                              2

  AND UTILIZES ANY TECHNOLOGICAL MEANS, WHETHER ELECTRONIC  OR  OTHER,  IN
  FURTHERANCE OF SUCH CRIME.
    S  4.  Subdivision 2 of section 120.60 of the penal law, as amended by
  chapter 434 of the laws of 2000, is amended and a new subdivision  3  is
  added to read as follows:

    2. commits a class A misdemeanor defined in article one hundred thirty
  of  this  chapter, or a class E felony defined in section 130.25, 130.40
  or 130.85 of this chapter, or a class D felony defined in section 130.30
  or 130.45 of this chapter[.]; OR
    3. COMMITS THE CRIME OF STALKING IN THE SECOND DEGREE, AS  DEFINED  IN
  SUBDIVISIONS ONE, TWO, THREE, AND FOUR OF SECTION 120.55 OF THIS ARTICLE
  AND  UTILIZES  ANY  TECHNOLOGICAL MEANS, WHETHER ELECTRONIC OR OTHER, IN
  FURTHERANCE OF SUCH CRIME.
    S 5. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.