New York Senate Bill S03461

New York 2025-2026 Regular Session

• Introduced: 1/27/25
• Refer: 1/27/25
• Refer: 1/7/26

Caption

Creates the crime of stalking a police officer or peace officer when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific police officer, peace officer or a person who they know or reasonably should know is a member of such officer's immediate family, and knows or reasonably should know that such conduct is 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; makes stalking a police officer or peace officer a class E felony; requires the posting of bail; makes related provisions.

Summary

S03461 would create a new offense in the Penal Law for “stalking a police officer or peace officer.” The bill defines the crime to cover intentional, non-legitimate courses of conduct directed at a police officer, peace officer, or certain immediate family members, where the conduct is likely to cause fear of physical harm or property damage, causes material emotional or mental harm after the person has been told to stop repeated contact, or involves approaching within 100 yards of the officer’s residence or lodging to intimidate or harm the officer or family. It also specifies that unauthorized GPS or similar tracking can count as “following,” and classifies the offense as a class E felony. The bill also amends the Criminal Procedure Law to add this new offense to the list of charges that can trigger pretrial detention or bail-related treatment under New York’s existing release and bail statutes. In practical terms, that means a charge of stalking a police officer or peace officer would be treated similarly to other enumerated offenses for purposes of bail and release decisions, including provisions in sections 510.10, 530.20, and 530.40. More broadly, the bill would expand New York’s stalking framework by adding a law enforcement-specific stalking offense to the existing stalking and predicate-crime definitions. It would affect defendants accused of conduct targeting police officers, peace officers, and their immediate family members, while also giving prosecutors and courts a new felony charge and a new basis for bail consideration. The bill would take effect 30 days after becoming law. The general sentiment reflected in the bill text is protective of law enforcement personnel and their families, with the measure framed as a response to intentional harassment, intimidation, and tracking of officers. Because there are no committee transcripts or recorded votes provided, there is no documented floor or committee debate in the supplied materials to show broader support or opposition. The main point of contention likely concerns whether police and peace officers should receive a separate stalking offense and special bail treatment beyond the protections already available under existing stalking, harassment, menacing, and related criminal statutes. Potential critics could argue that the bill creates a law-enforcement-specific felony and expands pretrial detention exposure, while supporters would likely emphasize officer safety, deterrence, and protection of families from targeted intimidation.

Impact

The bill would amend the Penal Law by adding section 120.80 and by incorporating that new offense into the statutory definitions used for stalking-related crimes. It would also amend the Criminal Procedure Law to make stalking a police officer or peace officer an enumerated offense for bail and pretrial release purposes under sections 510.10, 530.20, and 530.40. The practical effect is to create a new class E felony and to make that charge eligible for the bill’s specified bail/release consequences.

Sentiment

The bill is presented in a strongly protective posture toward police officers and peace officers, indicating support for enhanced criminal penalties and pretrial controls for conduct aimed at them or their families. No committee transcript or vote data were provided, so there is no recorded legislative debate in the supplied materials to indicate measured support, opposition, or amendments. Based on the text alone, the measure appears to be framed as a public-safety and officer-protection bill.

Contention

The likely controversy is whether a separate stalking offense for police and peace officers is necessary given existing stalking, harassment, menacing, coercion, and criminal contempt laws. Another likely point of contention is the bill’s bail implications, since it adds the new offense to the list of charges that can affect pretrial release decisions. Supporters would likely focus on deterrence and protection of officers and their immediate families, while opponents may raise concerns about overcriminalization, unequal treatment, or expanded pretrial detention.