S T A T E O F N E W Y O R K
________________________________________________________________________
515
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed 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:
Section 1. The criminal procedure law is amended by adding a new
section 530.15 to read as follows:
S 530.15 WEARING OF ELECTRONIC TAGGING DEVICES.
1. ANY PERSON AGAINST WHOM AN ORDER OF PROTECTION IS ISSUED PURSUANT
TO THIS ARTICLE SHALL BE REQUIRED TO WEAR AN ELECTRONIC MONITORING
DEVICE. FOR PURPOSES OF THIS SECTION, AN ELECTRONIC MONITORING DEVICE
MEANS A DEVICE, WORN BY AN INDIVIDUAL, THAT TRANSMITS A SIGNAL AND
ENABLES ANOTHER PERSON OR ENTITY TO MONITOR, TRACK, AND/OR PINPOINT THE
LOCATION OF THE INDIVIDUAL WEARING THE DEVICE THROUGH THE RECEPTION OF
THAT SIGNAL.
2. AN INDIVIDUAL MAY NOT TAMPER WITH HIS OR HER ELECTRONIC MONITORING
DEVICE IN ANY WAY, NOR MAY THEY ALLOW ANOTHER PERSON TO TAMPER WITH SUCH
DEVICE. A PERSON WHO IS CAUGHT TAMPERING WITH AN ELECTRONIC MONITORING
DEVICE SHALL BE GUILTY OF A CLASS E FELONY.
S 2. This act shall take effect immediately and shall apply to any
person against whom an order of protection has been issued on or after
the effective date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01499-01-9