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Assembly Bill A9510

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2013-A9510 (ACTIVE) - Details

See Senate Version of this Bill:
S5422
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง145.75 & 145.80, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A1699, S2305
2017-2018: A1676, S759
2019-2020: A1533, S1212
2021-2022: S1896
2023-2024: S7316
2025-2026: S7019

2013-A9510 (ACTIVE) - Summary

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

2013-A9510 (ACTIVE) - Bill Text download pdf 

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

                                  9510

                          I N  A S S E M B L Y

                               May 5, 2014
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- 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 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08055-04-4

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