Bill Text: NY A05835 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires persons against whom an order of protection is issued to wear an electronic monitoring device; prohibits the tampering with such a device and violation of such prohibition constitutes a class E felony.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05835 Detail]

Download: New_York-2019-A05835-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5835
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced  by  M.  of  A.  ORTIZ,  GALEF,  ENGLEBRIGHT, RIVERA, JAFFEE,
          M. G. MILLER -- Multi-Sponsored by -- M. of  A.  McDONOUGH,  PERRY  --
          read once and referred to the Committee on Codes
        AN  ACT  to  amend  the criminal procedure law, in relation to requiring
          certain individuals to wear electronic monitoring devices
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 530.15 to read as follows:
     3  § 530.15 Wearing of electronic tagging devices.
     4    1. Any person against whom an order of protection is  issued  pursuant
     5  to  this  article  shall  be  required  to wear an electronic monitoring
     6  device.  For purposes of this section,  "electronic  monitoring  device"
     7  means  a  device,  worn  by  an  individual, that transmits a signal and
     8  enables another person or entity to monitor, track and/or  pinpoint  the
     9  location  of  the individual wearing the device through the reception of
    10  that signal.
    11    2. An individual shall not tamper with his or her electronic  monitor-
    12  ing  device in any way, nor may they allow another person to tamper with
    13  such device. Any person who tampers with an electronic monitoring device
    14  shall be guilty of a class E felony.
    15    § 2. This act shall take effect immediately and  shall  apply  to  any
    16  person  against  whom an order of protection has been issued on or after
    17  the effective date of this act.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03538-01-9
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