S T A T E O F N E W Y O R K
________________________________________________________________________
1913
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ORTIZ, GALEF, SCHIMEL, GABRYSZAK, MAISEL, ENGLE-
BRIGHT, BOYLAND, RIVERA, CASTRO, HOOPER, JAFFEE, MILLER -- Multi-Spon-
sored by -- M. of A. HEASTIE, MARKEY, McDONOUGH, MILLMAN, PERRY,
ROBINSON, SCARBOROUGH, SWEENEY, WEISENBERG -- read once and referred
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, "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 SHALL NOT TAMPER WITH HIS OR HER ELECTRONIC MONITOR-
ING DEVICE IN ANY WAY, NOR MAY THEY ALLOW ANOTHER PERSON TO TAMPER WITH
SUCH DEVICE. ANY PERSON WHO TAMPERS 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.
LBD05448-01-3