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Assembly Bill A4068A

2013-2014 Legislative Session

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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A4068 - Details

See Senate Version of this Bill:
S5422
Law Section:
Penal Law
Laws Affected:
Add §145.80, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9358, A3502
2011-2012: A3357
2015-2016: S2305
2017-2018: S759
2019-2020: S1212
2021-2022: S1896
2023-2024: S7316
2025-2026: S7019

2013-A4068 - Summary

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

2013-A4068 - Bill Text download pdf 

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

                                  4068

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by  M.  of  A. GABRYSZAK, PAULIN, BENEDETTO, GALEF -- Multi-
  Sponsored by -- M. of A.  McDONOUGH, TITONE -- 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.
                                                           LBD08055-01-3

co-Sponsors

multi-Sponsors

2013-A4068A (ACTIVE) - Details

See Senate Version of this Bill:
S5422
Law Section:
Penal Law
Laws Affected:
Add §145.80, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9358, A3502
2011-2012: A3357
2015-2016: S2305
2017-2018: S759
2019-2020: S1212
2021-2022: S1896
2023-2024: S7316
2025-2026: S7019

2013-A4068A (ACTIVE) - Summary

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

2013-A4068A (ACTIVE) - Bill Text download pdf 

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

                                 4068--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by  M.  of  A. GABRYSZAK, PAULIN, BENEDETTO, GALEF -- Multi-
  Sponsored by -- M.  of A. McDONOUGH, TITONE -- read once and  referred
  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.
                                                           LBD08055-02-3

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