New York Assembly Bill A00867

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Report Pass: 3/25/25
• Engrossed: 4/1/25
• Refer: 4/1/25
• Engrossed: 1/12/26
• Refer: 1/12/26

Caption

Includes the use of Bluetooth technology in the definition of "following" a person, as it relates to the crime of stalking in the fourth degree.

Summary

A00867 amends New York’s penal law on stalking in the fourth degree to clarify that “following” a person includes unauthorized tracking of that person’s movements or location through Bluetooth technology, in addition to GPS or other devices. The bill keeps the existing structure of the stalking statute, which applies when a person intentionally engages in a course of conduct directed at a specific person without a legitimate purpose and knows or should know the conduct is likely to cause fear, emotional harm, or fear for employment or business safety. The measure is aimed at modernizing the stalking law to address newer forms of electronic tracking and surveillance. It would make clear that using Bluetooth-based devices or signals to monitor or trail someone can support a fourth-degree stalking charge, which remains a class B misdemeanor. The bill takes effect immediately upon enactment.

Impact

The bill would amend Penal Law section 120.45 by expanding the statutory definition of “following” for purposes of stalking in the fourth degree. This change would give law enforcement and prosecutors clearer authority to charge unauthorized Bluetooth-based tracking as stalking, alongside existing GPS and other device-based tracking methods. It primarily affects individuals accused of stalking, victims of stalking, and criminal justice actors applying the misdemeanor offense.

Sentiment

The available voting history shows strong support for the bill, with unanimous approval in the Assembly Codes Committee and unanimous final passage on the Assembly floor. No committee transcript is available, but the vote pattern suggests broad agreement that the stalking statute should be updated to reflect current technology and better protect victims from electronic tracking. There is no recorded opposition in the provided materials.

Contention

The main policy issue is whether the stalking statute should explicitly cover Bluetooth technology as a means of tracking a person’s location or movements. Support appears to center on closing a gap in the law and recognizing modern surveillance tools, while any potential concern would likely involve how broadly “Bluetooth technology” or “other device” could be interpreted in enforcement. However, no specific objections or dissenting arguments are included in the provided record.