Relates to criminalizing the act of stalking a police officer or peace officer

Summary of provisions

Section 1 of this bill amends Penal Law section 120.40 to provide that the definitions in this section also apply to Penal Law sections 120.80, 120.85, and 120.90. This section was also amended to provide that Penal Law section 120.80, stalking a police officer or peace officer in the third degree, and Penal Law section 120.85, stalking a police officer or peace officer in the second degree, would also be included under the definition of "specified predicate crime."

Section 2 of this bill amends the Penal Law by adding a new section 120.80 to provide for the offense of stalking a police officer or peace officer in the third degree This new provision provides that a person is guilty of this offense when he or she intentionally, and for no legitimate purposes, engages in conduct directed at a specific officer, or a person who he or she knows or reasonably should know is a member of such officer's immediate family, and also knows or reasonably should know that the conduct is 1) 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, or 2) causes material harm to the mental or emotional health of the officer or a member of the offi- cer's immediate family, including conduct such as following, telephoning or initiating communication or contact with the officer or a member of the officer's immediate family, and the person was previously clearly informed to case that conduct. "Following" is also defined to include unauthorized GPS tracking. This offense will be a class E felony.

Section 3 of this bill amends the Penal Law by adding a new section 120.85 to provide for the offense of stalking police officer or peace officer in the second degree This new section provides that a person is guilty of this offense when he or she 1) commits the crime of stalking a police officer or peace officer in the third degree against 2 or more police officers, peace officers, tracking app "Waze" to find out police officers' movements in the area where he then assassinated these two officers.

In New Jersey, a man was accused of serial stalking of female police officers, and had stalked police officers in several different states. This man would use a voice distorter to pose as a female victim, and

would report himself for harassment so that he could interact with the female police officers as both the "victim," and as himself.

In New York City, Zale Thompson, the man who attacked NYPD officers with a hatchet, had reportedly been stalking those officers for hours prior to this attack, waiting for the opportunity to strike.

Police officers have an extremely dangerous job as it is, and in the recent climate, it is more important than ever to protect the safety of our protectors. This also needs to extend to the immediate family members of these officers. Officer information is so readily available, and it is important to protect these officers from heightened danger. Increased penalties are necessary to discourage stalking behavior, and the current protections for police officers are inadequate in this area. It is important to provide these enhanced protections for police offi- cers because of the danger they face every day, through every arrest, and every time they have to testify in a trial.

These increased stalking protections for police officers and immediate family members of those officers will discourage retaliation against officers for doing their day-to-day duties.

Legislative history

New Bill

Fiscal implications

None to the State

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.