Provides that stalking by technological means shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees

16 Co-sponsors

• Joan Millman
• Sandy Galef
• Barbara Clark
• Joan Christensen
• Vivian Cook
• Michael Gianaris
• Dov Hikind
• Thomas Alfano
• Audrey Pheffer
• Aileen Gunther
• Dennis H. Gabryszak
• Nettie Mayersohn
• Francine DelMonte
• Adam Clayton Powell IV
• David Koon
• Nelson Castro

16 Multi-sponsors

• William Boyland
• Marcos Crespo
• RoAnn Destito
• Jeffrey Dinowitz
• Deborah Glick
• Earlene Hooper
• Ellen C. Jaffee
• Susan John
• John McEneny
• Michael G. Miller
• Felix Ortiz
• Crystal Peoples-Stokes
• Annette Robinson
• Frank Skartados
• Darryl Towns
• Harvey Weisenberg

BILL NUMBER:A9772

Title of bill

An act to amend the penal law, in relation to prohibit- ing stalking by technological means

Purpose or general idea of bill

Provides that stalking by technolog- ical means shall be prohibited and shall be included in the crimes of stalking in the first, second and third degrees.

Summary of specific provisions

Sections 1, 2 and 3 amend the penal law Sections 120.50, 120.55, and 120.60 and include stalking by technolog- ical means as an element of stalking in the first, second and third degrees. Technological means include, but are not limited to: illegal wire tapping, cell phones, caller identification, the Internet, cameras, global positioning system and any other type of tracking device.

Section 4 provides an effective date of the first of November next succeeding the date on which it shall have become a law.

Justification

A recent study by the United States Department of Justice concludes that one in twelve women will be stalked during her lifetime and one out of every forty-five men will be stalked during his lifetime. The study further estimated that 1,006,970 women and 370,990 men are stalked annually.

New York State's Stalking Law was enacted in 1999. Since that time, the availability of new and ever more sophisticated technological means which can be utilized by a stalker to further his or her purpose has greatly increased. Tracy Bahm, Director of the Stalking Resource Center (a part of the National Center for Victims of Crime) has stated; "As society and technology evolve, stalkers will always find new ways to harass their victims."

Illegal wiretapping, cell phones, caller identification, the Internet, hidden cameras, and tracking devices including global positioning systems (GPS) are just a few of the technological means which have been employed by stalkers. This equipment can be purchased locally or over the Internet and the costs are not prohibitive.

In a recent Wisconsin case, the stalker had placed a GPS device between the radiator and the grill of the victim's car, enabling the stalker to track the victim wherever and whenever he wanted. A GPS device uses an array of satellites to pinpoint location and can also send coordinates to cell phones or computers. GPS's are used by trucking companies to track cargo, corrections authorities use them to monitor parolees, and hikers, boaters and motorists use the systems to keep from getting lost, just to name a few of the current legitimate uses for the systems', and now stalkers are using them to track their victims.

Current New York law on stalking did not foresee the use of technolog- ical means to commit stalking crimes. This bill updates current law and

prohibits the use of technology in any form in the furtherance of stalk- ing and increases the penalty for such use.

Prior legislative history

2007-2008: A.1176 - Pemained in Committee/S.884 - Passed Senate 2005-2006: A.1944 - Held for Consideration in Codes Committee/S.851 - Passed Senate

2003-2004: A.8428-A - Pemained in Committee/S.3705-A - 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.