Bill Text: NY A04068 | 2013-2014 | General Assembly | Amended

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Bill Title: Creates the crime of tampering with electronic monitoring equipment in the first and second degree.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A04068 Detail]

Download: New_York-2013-A04068-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4068--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       Introduced  by  M.  of  A. GABRYSZAK, PAULIN, BENEDETTO, GALEF -- Multi-
         Sponsored by -- M.  of A. McDONOUGH, TITONE -- read once and  referred
         to  the  Committee  on  Codes  --  committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the penal law, in relation  to  creating  the  crime  of
         tampering with electronic monitoring equipment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding two new sections  145.75
    2  and 145.80 to read as follows:
    3  S 145.75 TAMPERING  WITH  ELECTRONIC  MONITORING EQUIPMENT IN THE SECOND
    4             DEGREE.
    5    1. FOR PURPOSES OF THIS  SECTION,  "ELECTRONIC  MONITORING  EQUIPMENT"
    6  MEANS  AN  INSTRUMENT  OR DEVICE UTILIZED IN ACCORDANCE WITH SUBDIVISION
    7  FOUR OF SECTION 65.10 OF THIS CHAPTER.
    8    2. A PERSON IS GUILTY OF TAMPERING WITH ELECTRONIC  MONITORING  EQUIP-
    9  MENT IN THE SECOND DEGREE WHEN, HAVING NO RIGHT TO DO SO NOR ANY REASON-
   10  ABLE  GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE TAMPERS
   11  WITH ELECTRONIC MONITORING EQUIPMENT, OR  DAMAGES  OR  OTHERWISE  ALTERS
   12  SUCH  ELECTRONIC MONITORING EQUIPMENT IN AN EFFORT TO INTERFERE WITH ANY
   13  SIGNAL, IMPULSE OR DATA BEING TRANSMITTED BY SUCH ELECTRONIC  MONITORING
   14  EQUIPMENT.
   15    TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IN THE SECOND DEGREE IS
   16  A CLASS A MISDEMEANOR.
   17  S 145.80 TAMPERING  WITH  ELECTRONIC  MONITORING  EQUIPMENT IN THE FIRST
   18             DEGREE.
   19    1. A PERSON IS GUILTY OF TAMPERING WITH ELECTRONIC  MONITORING  EQUIP-
   20  MENT  IN  THE  FIRST  DEGREE  WHEN, AS PART OF COMMITTING TAMPERING WITH
   21  ELECTRONIC MONITORING EQUIPMENT IN  THE  SECOND  DEGREE  AS  DEFINED  IN
   22  SECTION  145.75 OF THIS ARTICLE, THE PERSON ALSO COMMITS A CRIME THAT IS
   23  CLASSIFIED AS A CLASS A OR CLASS B FELONY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08055-02-3
       A. 4068--A                          2
    1    2. WHEN A PERSON IS CONVICTED OF TAMPERING WITH ELECTRONIC  MONITORING
    2  EQUIPMENT  IN  THE  FIRST  DEGREE, THE COURT SHALL IMPOSE A SENTENCE FOR
    3  THIS CRIME TO RUN CONSECUTIVE TO ANY SENTENCE IMPOSED FOR  A  CONVICTION
    4  FOR THE CLASS A OR CLASS B FELONY THAT WAS ALSO COMMITTED.
    5    TAMPERING  WITH ELECTRONIC MONITORING EQUIPMENT IN THE FIRST DEGREE IS
    6  A CLASS E FELONY.
    7    S 2. This act shall take effect on the first of November next succeed-
    8  ing the date on which it shall have become a law.