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.

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S924A-2011 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

S924A-2011 Meetings

Codes: Jan 31, 2012

S924A-2011 Calendars

Active List: Feb 13, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 13, 2012

S924A-2011 Votes

S924A-2011 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.

S924A-2011 Text

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

                                   924--A

                         2011-2012 Regular Sessions

                              I N  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04392-02-1

 S. 924--A                           2

  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.