Requires department of transportation to defer to town board requests for speed limit, signage and signal changes on state highway, county road and town highways where public safety nexus exists.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the penal law, in relation to increasing penalties for first, second, third and fourth degree stalking
PURPOSE: This legislation will increase the penalties for stalking.
SUMMARY OF PROVISIONS: Section 120 and Section 70 of the New York State Penal Law are amended to increase penalties for first, second, third and fourth degree stalking. Stalking in the fourth degree will become a class A misdemeanor from a class B misdemeanor. Third degree stalking will become a class E felony from a class A misdemeanor.
Second degree stalking will become a class D felony from a class E felony. Stalking in the first degree will become a class C felony from a class D felony.
JUSTIFICATION: Stalking is a persistent and unwanted pursuit of an individual that strikes great fear in the victim. It is an intentional and unpredictable behavior that can end with horrific results. Victims are followed, watched or harassed.
We have continued to hear and read horror stories of victims whose lives have been destroyed by relentless stalkers. The penalties for this heinous crime need to match the impact that is felt by the victim. This legislation will address this situation by increasing the penalties for Stalking.
LEGISLATIVE HISTORY: S.3194-A of 2007/2008 (Passed Senate). S.576 of 2009-10. S.924-A of 2011/12 (Passed Senate).
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.
STATE OF NEW YORK ________________________________________________________________________ 1507 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to giving local town boards the discretion to change speed limits for safety THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1620 of the vehicle and traffic law is amended by adding a new subdivision (d) to read as follows: (D) THE DEPARTMENT OF TRANSPORTATION SHALL DEFER TO REQUESTS FOR SPEED LIMIT CHANGES BY THE TOWN BOARD OF A TOWN OR TOWNS AFFECTED WITH RESPECT TO STATE HIGHWAYS MAINTAINED BY THE STATE IN SUCH TOWN OR TOWNS OUTSIDE OF CITIES OR VILLAGES, WHERE A REASONABLE NEXUS BETWEEN PUBLIC SAFETY AND SUCH REQUEST FOR A CHANGE IN SPEED LIMIT EXISTS. S 2. Section 1621 of the vehicle and traffic law is amended by adding a new subdivision (e) to read as follows: (E) THE DEPARTMENT OF TRANSPORTATION SHALL DEFER TO REQUESTS FOR SIGNAGE AND SIGNAL CHANGES BY THE TOWN BOARD OF A TOWN OR TOWNS AFFECTED WITH RESPECT TO STATE HIGHWAYS MAINTAINED BY THE STATE IN SUCH TOWN OR TOWNS OUTSIDE OF CITIES OR VILLAGES, WHERE A REASONABLE NEXUS BETWEEN PUBLIC SAFETY AND SUCH REQUEST FOR A CHANGE IN SIGNAGE AND SIGNALS EXISTS. S 3. Section 1622 of the vehicle and traffic law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, IF ANY REASONABLE NEXUS EXISTS BETWEEN PUBLIC SAFETY AND THE REQUEST BY A COUN- TY SUPERINTENDENT OF HIGHWAYS OF A COUNTY OR A TOWN BOARD, FOR A CHANGE IN SPEED LIMIT, THE DEPARTMENT OF TRANSPORTATION SHALL DEFER TO THE COUNTY SUPERINTENDENT OF HIGHWAYS' OR TOWN BOARD'S REQUEST IN SETTING THE SPEED LIMIT ON THE COUNTY ROADS AND TOWN HIGHWAYS IN SUCH TOWN OR TOWNS OUTSIDE OF CITIES OR VILLAGES. S 4. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05510-01-1