BILL NUMBER:A9358
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 other-
wise alter electronic monitoring equipment utilized in accordance with
subdivision 4 of section 65.10 of the penal law in an attempt to inter-
fere with any signal, impulse or data to being transmitted by such elec-
tronic monitoring equipment.
EFFECT OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would make tampering with electronic monitoring equipment a
class A misdemeanor and would enable a court to impose a criminal penal-
ty of up to one year in jail or three year sentence of probation. The
individual could also be held financially liable for the cost of damage
to the electronic monitoring equipment.
JUSTIFICATION:
Currently, a court has the power to order an individual who has been
convicted of a crime to wear electronic monitoring equipment. The
purpose of said electronic monitoring equipment is to assist in the
S T A T E O F N E W Y O R K
________________________________________________________________________
9358
I N A S S E M B L Y
(PREFILED)
January 6, 2010
___________
Introduced by M. of A. GABRYSZAK, PAULIN, FIELDS, BENEDETTO, KOON,
GALEF, BENJAMIN, ALFANO -- Multi-Sponsored by -- M. of A. BARRA, PHEF-
FER -- read once and referred to the Committee on Codes
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 a new section 145.80 to
read as follows:
S 145.80 TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT.
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 WHEN, HAVING NO RIGHT TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE
THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE TAMPERS WITH ELECTRONIC MONI-
TORING EQUIPMENT, OR DAMAGES OR OTHERWISE ALTERS SUCH ELECTRONIC MONI-
TORING EQUIPMENT IN AN EFFORT TO INTERFERE WITH ANY SIGNAL, IMPULSE OR
DATA BEING TRANSMITTED BY SUCH ELECTRONIC MONITORING EQUIPMENT.
TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IS A CLASS A MISDEMEA-
NOR.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02904-01-9
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.