SYRACUSE, N.Y. - Earlier this year, state Assembly Republicans put an electronic tracking device on a political opponent's car to see where the Democrat lived.

Then, that was legal. But as of today, a new state law makes that type of stalking a misdemeanor - provided the person being tracked makes it clear being electronically followed is unwelcome.

That caveat is nothing new to New York's stalking law. Already, people have to tell a suspected stalker to leave them alone in order to make it clear certain actions are unwanted, according to Sen. Timothy Kennedy, D-Buffalo, one of the main sponsors of the new law.

Jackie's Law adds the use of a global positioning systems device to that list of actions. Using a GPS device has been added to the definition of "following" in fourth-degree stalking, a Class B misdemeanor. It goes into effect today.

The law was named after Jackie Wisniewski, who was murdered two years ago at the Erie County Medical Center by her boyfriend, according to a New York State Senate news release. Before her death, Wisniewski found a GPS device her boyfriend had installed on her car. Law enforcement officials couldn't prosecute the man for tracking her with the GPS because the state's stalking laws didn't prohibit that conduct.

"As with other stalking situations, New York state law requires the alleged stalker to be informed that their actions are unwelcome and not allowed," Kennedy said today in a statement. "If they continue to commit the stalking offense, which, in this case, would be GPS stalking, the police are then able to file charges against the perpetrator for the crime of stalking in the fourth degree. By taking the onus off the victim to press charges and empowering the police to take action, Jackie's Law presents a big step forward in protecting victims of domestic violence."

Lawmakers clearly meant to protect people from unknowingly being tracked by GPS devices. One in four stalking cases nationwide involve some type of tracking technology, the new law's "justification" section reads. "Many of these cases involve domestic violence, and it is vitally important that victims of domestic violence are protected from such tracking," the legislation says.

In September, Assemblyman Will Barclay, R-Pulaski, defended the use by the Republican Assembly Campaign Committee of a GPS tracking device to see whether a Democratic opponent in a downstate race was living in a certain political district. Barclay also voted for Jackie's Law.

Some gray room remains in the legalese, according to Casey Jordan, senior counsel with the Tully Rinckey law firm in Syracuse.

"If the person was not aware of it and didn't demand it be removed, (using a GPS) would still be legal," Jordan said.

U.S. Sen. Charles Schumer, D-N.Y., has proposed federal legislation that would build on Jackie's Law. Under Schumer's proposal, covert use of GPS trackers would be illegal except for use by law enforcement officials, parents of minors, and in specific cases of patients suffering from dementia or similar diagnoses.

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