New York S 8468: Relates to assault, harassment or stalking of an elected official

Bill Text

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S08468 Summary:

BILL NOS08468 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORMARTINEZ

&nbsp

COSPNSRRYAN C

&nbsp

MLTSPNSR

&nbsp

Amd §§120.09 & 120.09-a, add §§120.59 & 240.33-a, Pen L

&nbsp

Relates to assault on an elected official; establishes the crimes of stalking an elected official and aggravated harassment of an elected official.

Go to top S08468 Actions:

BILL NOS08468 

&nbsp

08/01/2025REFERRED TO RULES

01/07/2026REFERRED TO CODES

Go to topS08468 Committee&nbspVotes:

Go to topS08468 Floor&nbspVotes:

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

Go to topS08468 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8468

 2025-2026 Regular Sessions

 IN SENATE

 August 1, 2025
 ___________

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

 AN ACT to amend the penal law, in relation to an assault on an elected
 official and to establish the crimes of stalking an elected official
 and aggravated harassment of an elected official

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 120.09 of the penal law, as amended by section 3 of
 2 part F of chapter 55 of the laws of 2024, is amended to read as follows:
 3 § 120.09 Assault on a judge or elected official.
 4 1. A person is guilty of assault on a judge when, with intent to
 5 prevent a judge from performing official judicial duties, such person
 6 causes serious physical injury to such judge. For the purposes of this
 7 section, the term judge shall mean a judge of a court of record or a
 8 justice court.
 9 2. A person is guilty of assault on an elected official when, with
 10 intent to prevent an elected official from performing their official
 11 duties, such person causes serious physical injury to such elected offi-
 12 cial. For the purposes of this section, the term "elected official"
 13 shall mean an elected official of the state of New York or of any city,
 14 county, town, village or other political subdivision of the state, and
 15 includes anyone who is elected to a town board, library board, or school
 16 board.
 17 Assault on a judge or elected official is a class C felony.
 18 § 2. Section 120.09-a of the penal law, as added by section 4 of part
 19 F of chapter 55 of the laws of 2024, is amended to read as follows:
 20 § 120.09-a Aggravated assault on a judge or elected official.
 21 1. A person is guilty of aggravated assault on a judge when, with
 22 intent to cause serious physical injury and prevent a judge from
 23 performing official judicial duties, such person causes serious physical

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13567-03-5

 S. 8468 2

 1 injury to such judge. For the purposes of this section, the term judge
 2 shall mean a judge of a court of record or a justice court.
 3 2. A person is guilty of aggravated assault on an elected official
 4 when, with intent to cause serious physical injury and prevent an
 5 elected official from performing their official duties, such person
 6 causes serious physical injury to such elected official. For the
 7 purposes of this section, the term "elected official" shall mean an
 8 elected official of the state of New York or of any city, county, town,
 9 village or other political subdivision of the state, and includes anyone
 10 who is elected to a town board, library board, or school board.
 11 Aggravated assault on a judge or elected official is a class B felony.
 12 § 3. The penal law is amended by adding a new section 120.59 to read
 13 as follows:
 14 § 120.59 Stalking an elected official.
 15 A person is guilty of stalking an elected official when they commit
 16 the crime of stalking in the third degree as defined in subdivision
 17 three of section 120.50 or stalking in the second degree as defined in
 18 section 120.55 of this article and the victim of such crime is an
 19 elected official or a member of such elected official's immediate fami-
 20 ly. For the purposes of this section, the term "elected official" shall
 21 mean an elected official of the state of New York or of any city, coun-
 22 ty, town, village or other p