senate Bill S5422A

Creates the crimes of tampering with electronic monitoring equipment in the first and second degree

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO CODES
  • 11 / Jun / 2013
    • AMEND AND RECOMMIT TO CODES
  • 11 / Jun / 2013
    • PRINT NUMBER 5422A
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1453
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 29 / May / 2014
    • 1ST REPORT CAL.1051
  • 02 / Jun / 2014
    • 2ND REPORT CAL.
  • 03 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

Creates the crimes of tampering with electronic monitoring equipment in the first and second degrees.

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Bill Details

See Assembly Version of this Bill:
A9510
Versions:
S5422
S5422A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง145.75 & 145.80, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A3357
2009-2010: A3502, A9358
2007-2008: A3154

Sponsor Memo

BILL NUMBER:S5422A

TITLE OF BILL: An act to amend the penal law, in relation to creating
the crime of tampering with electronic monitoring equipment

PURPOSE OF BILL:

The bill would make it a crime for a person to tamper, damage or
otherwise alter electronic monitoring equipment utilized in accordance
with subdivision 4 of section 65.10 of the penal law in an attempt to
interfere with any signal, impulse or data to being transmitted by
such electronic monitoring equipment.

SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding two new sections 145.75 and
145.80.

Section 145.75 establishes the crime of tampering with electronic
monitoring equipment in the second degree. Tampering with electronic
monitoring equipment in the second degree is a class A misdemeanor.

Section 145.80 establishes the crime of tampering with electronic
monitoring equipment in the first degree. Tampering with electronic
equipment in the first degree occurs when an individual is guilty of
tampering with electronic monitoring equipment in the second degree
and also commits a crime classified as a class A or. B felony.
Tampering with electronic monitoring equipment in the first degree is
a class S felony and the court shall impose consecutive convictions.

JUSTIFICATION:

Currently, a court has the power to order an individual who has been
convicted of a crime or is awaiting trial to wear electronic
monitoring equipment. The purpose of the electronic monitoring
equipment is to assist in the tracking and monitoring of such
individual while he or she is released into the general public. If
the electronic monitoring equipment is tampered with in such a way as
to interfere with any signal, impulse or data from being transmitted,
then the individual ordered to wear the equipment is no longer being
monitored as ordered by the Court.

An example of this occurred on the evening of Thursday, March 14, 2013
when David Renz, who was subject to electronic monitoring while
awaiting trial on charges of possessing child pornography, was able to
tamper with his electronic monitoring equipment by removing it and
then quickly putting it back together. This allowed him to violate his
curfew by leaving his mother's house without the electronic monitoring
equipment during a time when he was ordered by the court to remain
inside and under supervision. It was on that evening that he was able
to follow Lori A. Bresnahan and a ten-year-old girl from a gymnastics
class at the Great Northern Mall in Clay, New York. Upon confronting
them, the suspect raped the young girl in the mall parking lot. The
suspect then forced them into the woman's car and drove to Verplank
Road where he proceeded to kill Lori A. Bresnahan by stabbing her to
death.


LEGISLATIVE HISTORY:

05--06: A8281
07-08: A3154/S2277
2009: A3502(Bradley)
2011: A3357
2012: A3357

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This Act shall take effect on the first of November. next succeeding
the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5422--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sens.  RITCHIE,  DeFRANCISCO,  VALESKY -- read twice and
  ordered printed, and when printed to be committed 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:

  Section 1. The penal law is amended by adding two new sections  145.75
and 145.80 to read as follows:
S 145.75 TAMPERING  WITH  ELECTRONIC  MONITORING EQUIPMENT IN THE SECOND
           DEGREE.
  1. FOR PURPOSES OF THIS  SECTION,  "ELECTRONIC  MONITORING  EQUIPMENT"
MEANS  AN  INSTRUMENT  OR DEVICE UTILIZED IN ACCORDANCE WITH SUBDIVISION
FOUR OF SECTION 65.10 OF THIS CHAPTER.
  2. A PERSON IS GUILTY OF TAMPERING WITH ELECTRONIC  MONITORING  EQUIP-
MENT IN THE SECOND DEGREE WHEN, HAVING NO RIGHT TO DO SO NOR ANY REASON-
ABLE  GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE TAMPERS
WITH ELECTRONIC MONITORING EQUIPMENT, OR  DAMAGES  OR  OTHERWISE  ALTERS
SUCH  ELECTRONIC MONITORING EQUIPMENT IN AN EFFORT TO INTERFERE WITH ANY
SIGNAL, IMPULSE OR DATA BEING TRANSMITTED BY SUCH ELECTRONIC  MONITORING
EQUIPMENT.
  TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IN THE SECOND DEGREE IS
A CLASS A MISDEMEANOR.
S 145.80 TAMPERING  WITH  ELECTRONIC  MONITORING  EQUIPMENT IN THE FIRST
           DEGREE.
  1. A PERSON IS GUILTY OF TAMPERING WITH ELECTRONIC  MONITORING  EQUIP-
MENT  IN  THE  FIRST  DEGREE  WHEN, AS PART OF COMMITTING TAMPERING WITH
ELECTRONIC MONITORING EQUIPMENT IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  145.75 OF THIS ARTICLE, THE PERSON ALSO COMMITS A CRIME THAT IS
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.
                                                           LBD08055-03-3

S. 5422--A                          2

  2. WHEN A PERSON IS CONVICTED OF TAMPERING WITH ELECTRONIC  MONITORING
EQUIPMENT  IN  THE  FIRST  DEGREE, THE COURT SHALL IMPOSE A SENTENCE FOR
THIS CRIME TO RUN CONSECUTIVE TO ANY SENTENCE IMPOSED FOR  A  CONVICTION
FOR THE CLASS A OR CLASS B FELONY THAT WAS ALSO COMMITTED.
  TAMPERING  WITH ELECTRONIC MONITORING EQUIPMENT IN THE FIRST DEGREE IS
A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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