Bill Text: NY S08304 | 2021-2022 | General Assembly | Introduced

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Bill Title: Creates the crime of tampering with electronic monitoring equipment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-10 - REFERRED TO CODES [S08304 Detail]

Download: New_York-2021-S08304-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8304

                    IN SENATE

                                    February 10, 2022
                                       ___________

        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the  penal  law  and  the  criminal  procedure  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 a new section 145.75  to
     2  read as follows:
     3  § 145.75 Tampering with electronic monitoring equipment.
     4    1.  For  purposes  of  this section, "electronic monitoring equipment"
     5  means an instrument or device utilized as  a  condition  of  a  securing
     6  order pursuant to article five hundred ten or five hundred thirty of the
     7  criminal  procedure  law,  or  in  accordance  with  subdivision four of
     8  section 65.10 of this chapter.
     9    2. A person is guilty of tampering with electronic  monitoring  equip-
    10  ment  when,  having  no  right  to  do  so nor any reasonable grounds to
    11  believe that he or she has such right, he or she tampers with electronic
    12  monitoring equipment, or damages or  otherwise  alters  such  electronic
    13  monitoring  equipment in an effort to interfere with any signal, impulse
    14  or data being transmitted by such electronic monitoring equipment.
    15    Tampering with electronic monitoring equipment is a class E felony.
    16    § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of  the
    17  criminal  procedure  law, as added by section 2 of part UU of chapter 56
    18  of the laws of 2020, are amended to read as follows:
    19    (s) a felony, where the defendant qualifies  for  sentencing  on  such
    20  charge  as a persistent felony offender pursuant to section 70.10 of the
    21  penal law; [or]
    22    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    23  able  person or property, where such charge arose from conduct occurring
    24  while the defendant was released on  his  or  her  own  recognizance  or
    25  released  under  conditions for a separate felony or class A misdemeanor
    26  involving harm to an identifiable person or property, provided, however,
    27  that the prosecutor must show  reasonable  cause  to  believe  that  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08052-01-1
        S. 8304                             2

     1  defendant  committed the instant crime and any underlying crime. For the
     2  purposes of this subparagraph, any of the underlying crimes need not  be
     3  a qualifying offense as defined in this subdivision; or
     4    (u)  tampering  with  electronic  monitoring  equipment  as defined in
     5  section 145.75 of the penal law.
     6    § 3. Subparagraphs (xix) and (xx) of paragraph b of subdivision  1  of
     7  section 530.20 of the criminal procedure law, as amended by section 3 of
     8  part  UU  of  chapter  56  of  the  laws of 2020, are amended to read as
     9  follows:
    10    (xix) a felony, where the defendant qualifies for sentencing  on  such
    11  charge  as a persistent felony offender pursuant to section 70.10 of the
    12  penal law; [or]
    13    (xx) any felony or class A misdemeanor involving harm to an  identifi-
    14  able  person or property, where such charge arose from conduct occurring
    15  while the defendant was released on  his  or  her  own  recognizance  or
    16  released  under  conditions for a separate felony or class A misdemeanor
    17  involving harm to an identifiable person or property, provided, however,
    18  that the prosecutor must show  reasonable  cause  to  believe  that  the
    19  defendant  committed the instant crime and any underlying crime. For the
    20  purposes of this subparagraph, any of the underlying crimes need not  be
    21  a qualifying offense as defined in this subdivision; or
    22    (xxi)  tampering  with  electronic  monitoring equipment as defined in
    23  section 145.75 of the penal law.
    24    § 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of  the
    25  criminal  procedure  law, as added by section 4 of part UU of chapter 56
    26  of the laws of 2020, are amended to read as follows:
    27    (s) a felony, where the defendant qualifies  for  sentencing  on  such
    28  charge  as a persistent felony offender pursuant to section 70.10 of the
    29  penal law; [or]
    30    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    31  able  person or property, where such charge arose from conduct occurring
    32  while the defendant was released on  his  or  her  own  recognizance  or
    33  released  under  conditions for a separate felony or class A misdemeanor
    34  involving harm to an identifiable person or property, provided, however,
    35  that the prosecutor must show  reasonable  cause  to  believe  that  the
    36  defendant  committed the instant crime and any underlying crime. For the
    37  purposes of this subparagraph, any of the underlying crimes need not  be
    38  a qualifying offense as defined in this subdivision; or
    39    (u)  tampering  with  electronic  monitoring  equipment  as defined in
    40  section 145.75 of the penal law.
    41    § 5. This act shall take effect immediately.