New York A 5500: Creates the crime of stalking a police officer or peace officer

Bill Text

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A05500 Summary:

BILL NOA05500 

&nbsp

SAME ASSAME AS S03461

&nbsp

SPONSORButtenschon

&nbsp

COSPNSRStern, Brown K, Hawley

&nbsp

MLTSPNSR

&nbsp

Amd §120.40, add §120.80, Pen L; amd §§510.10, 530.20 & 530.40, CP L

&nbsp

Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who they know or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such officer or member of such officer's immediate family; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

Go to top A05500 Actions:

BILL NOA05500 

&nbsp

02/14/2025referred to codes

01/07/2026referred to codes

Go to topA05500 Committee&nbspVotes:

Go to topA05500 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05500 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5500

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. BUTTENSCHON, STERN, K. BROWN, HAWLEY -- read once
 and referred 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 23
 3 of the laws of 2024 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;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07230-01-5

 A. 5500 2

 1 b. a crime defined in section 130.20, 130.25, 130.30, 130.55, 130.60,
 2 130.70, 255.25, 255.26 or 255.27, or formerly defined in section 130.40
 3 or 130.45;
 4 c. assault in the third degree, as defined in section 120.00; menacing
 5 in the first degree, as defined in section 120.13; menacing in the
 6 second degree, as defined in section 120.14; coercion in the first
 7 degree, as defined in section 135.65; coercion in the second degree, as
 8 defined in section 135.61; coercion in the third degree, as defined in
 9 section 135.60; aggravated harassment in the second degree, as defined
 10 in section 240.30; harassment in the first degree, as defined in section
 11 240.25; menacing in the third degree, as defined in section 120.15;
 12 criminal mischief in the third degree, as defined in section 145.05;
 13 criminal mischief in the second degree, as defined in section 145.10[,];
 14 criminal mischief in the first degree, as defined in section 145.12;
 15 criminal tampering in the first degree, as defined in section 145.20;
 16 arson in the fourth degree, as defined in section 150.05; arson in the
 17 third degree, as defined in section 150.10; criminal contempt in the
 18 first degree, as defined