Bill S924A-2011

Relates to increasing penalties for first, second, third and fourth degree stalking

Relates to increasing penalties for first degree stalking to a class C felony, second degree stalking to a class D felony, third degree stalking to a class E felony, and fourth degree stalking to a class A misdemeanor.

Details

Actions

  • Feb 13, 2012: referred to codes
  • Feb 13, 2012: DELIVERED TO ASSEMBLY
  • Feb 13, 2012: PASSED SENATE
  • Feb 7, 2012: ADVANCED TO THIRD READING
  • Feb 6, 2012: 2ND REPORT CAL.
  • Jan 31, 2012: 1ST REPORT CAL.154
  • Jan 5, 2012: PRINT NUMBER 924A
  • Jan 5, 2012: AMEND AND RECOMMIT TO CODES
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • May 24, 2011: referred to codes
  • May 24, 2011: DELIVERED TO ASSEMBLY
  • May 24, 2011: PASSED SENATE
  • May 23, 2011: ADVANCED TO THIRD READING
  • May 18, 2011: 2ND REPORT CAL.
  • May 17, 2011: 1ST REPORT CAL.721
  • Jan 5, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Jan 31, 2012
Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Squadron, Espaillat
Nays (2): Parker, Perkins
Excused (1): Huntley

Memo

BILL NUMBER:S924A

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 924--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. MARCELLINO, LARKIN, MAZIARZ, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to increasing penalties for first, second, third and fourth degree stalking THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 120.45 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows: Stalking in the fourth degree is a class [B] A misdemeanor. S 2. The closing paragraph of section 120.50 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows: Stalking in the third degree is a class [A misdemeanor] E FELONY. S 3. The closing paragraph of section 120.55 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows: Stalking in the second degree is a class [E] D felony. S 4. The closing paragraph of section 120.60 of the penal law, as amended by chapter 434 of the laws of 2000, is amended to read as follows: Stalking in the first degree is a class [D] C felony. S 5. Paragraphs (b), (c) and (d) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as amended by chapter 148 of the laws of 2011, paragraph (c) as amended by chapter 405 of the laws of 2010 and paragraph (d) as amended by chapter 7 of the laws of 2007, are amended to read as follows: (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, STALKING IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 120.60, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37. (c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, stalking in the [first] SECOND degree, as defined in subdivision one of section [120.60] 120.55, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, crimi- nal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18. (d) Class E violent felony offenses: STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50, an attempt to commit any of the felonies of criminal possession of a weapon in the third degree as defined in subdi- vision five, six, seven or eight of section 265.02 as a lesser included offense of that section as defined in section 220.20 of the criminal procedure law, persistent sexual abuse as defined in section 130.53, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, falsely reporting an incident in the second degree as defined in section 240.55 and placing a false bomb or hazardous substance in the second degree as defined in section 240.61. S 6. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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