Expands unlawful surveillance in the first degree to include instances where the surveillance is of a person who has an active order of protection against them.
Summary
A00413 amends New York’s Penal Law section 250.50, which defines unlawful surveillance in the first degree. Under current law, first-degree unlawful surveillance applies when a person commits second-degree unlawful surveillance and has a prior conviction for unlawful surveillance within the past ten years. This bill adds two new ways to commit the first-degree offense: when the surveillance is committed against a person who has an active order of protection against the offender, or when the surveillance is committed to benefit someone who has an active order of protection against the surveilled person, with knowledge of that order.
The bill keeps unlawful surveillance in the first degree classified as a class D felony and takes effect 90 days after becoming law. Its practical effect is to broaden felony liability for surveillance-related conduct in situations involving domestic violence or other protected-person contexts, especially where an order of protection is already in place.
Impact
The bill expands the scope of Penal Law § 250.50 by creating additional first-degree unlawful surveillance predicates tied to active orders of protection. This would increase the number of surveillance incidents that qualify as a class D felony, potentially affecting prosecutors, defendants, victims of stalking or harassment, and courts handling domestic violence and protection-order cases. It does not change the penalty class, but it lowers the threshold for first-degree charges in the specified circumstances.
Sentiment
The available legislative history suggests broad support for the measure. The Assembly Codes Committee voted 21-0 to favorably report the bill to the Rules Committee, indicating no recorded opposition at that stage. No committee transcript is available, but the unanimous committee vote suggests the bill was viewed positively as a protective measure.
Contention
The main policy issue is the expansion of felony surveillance liability when an active order of protection exists. Supporters are likely to view the bill as strengthening protections for victims and improving enforcement in domestic violence-related situations. Potential concerns, if raised, would center on whether the new triggers are broad enough to capture conduct beyond the most serious cases, but no specific opposition is reflected in the available record.
Same As
Expands unlawful surveillance in the first degree to include instances where the surveillance is of a person who has an active order of protection against them.
Expands unlawful surveillance in the first degree to include instances where the surveillance is of a person who has an active order of protection against them.
Prohibits the use of biometric surveillance system or biometric surveillance information in places of public accommodation; prohibits entering into any agreement that authorizes any third party to use any biometric surveillance system or biometric surveillance information; provides penalties for violations.
Requires lifetime post-release supervision for offenders convicted of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first and second degrees or sexual abuse in the first degree when the other person is less than eleven years old; prohibits good behavior allowances against a determinate sentence for a person convicted of any such crimes.
Memorializes Congress to reform the Foreign Intelligence Surveillance Act and the Foreign Intelligence Surveillance Court and to restore the rights of privacy and protection against unreasonable searches and seizures
Establishes the crime of voyeurism in the first and second degree which is defined as when someone for their own amusement, entertainment, profit, sexual arousal or sexual gratification trespasses or uses an instrument to observe for the purpose of viewing a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent.