senate Bill S2299

2013-2014 Legislative Session

Requires individuals who have an order of protection issued against them to wear an electronic monitoring device

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 15, 2013 referred to codes

S2299 - Bill Details

See Assembly Version of this Bill:
A1913
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง530.15, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2939, A889
2009-2010: S515, A2599

S2299 - Bill Texts

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Requires individuals who have an order of protection issued against them to wear an electronic monitoring device.

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BILL NUMBER:S2299

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to requiring certain individuals to wear electronic
monitoring devices

PURPOSE: This bill requires any person against whom an order of
protection is issued to be required to wear an electronic monitoring
device.

SUMMARY OF PROVISIONS:

Section 1. The criminal procedure law is amended by adding a new
section 530.15. This requires that any person against whom an order of
protection is issued, shall be required to wear an electronic tagging
device. Also if an individual tampers with the device, they shall be
guilty of a class El felony.

JUSTIFICATION: In 1999 the New York State Division of Criminal
Justice Services received 55,558 police reports of family offenses
involving adult intimate partners. In one out of five of these cases
the victim knew the offender and the use of a weapon was involved. An
adult female was identified as the victim in 84% of cases. In a
national study of more than 6,000 families, 509E of the men who
frequently assaulted their wives also frequently abused their
children. There are also major mental health issues, with victims
often suffering from major depression and post-traumatic stress
disorder. An act of domestic violence occurs every 15 seconds in the
United States, more frequent than any other crime. In light of this
frightening statistic legislative action is necessary to protect both
women and children from such violence.

LEGISLATIVE HISTORY: 2012: S:2939- Referred to Codes/A.669- Referred
to Codes 2011: S:2939- Referred to Codes/A.889- Referred to Codes
2010; S.515-Referred to Codes/A.2599- Referred to Codes 2009:
S.515-Referred to Codes/A.2599- Referred to Codes 2008: S.4796- 3rd
Reading Calendar/A.5424 - Referred to Codes 2007: S.4796- Passed
Senate/A.5424 -Referred to Codes 2006: A.8163- Referred to Codes

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect immediately and shall
apply to any person against whom an order of protection is issued on
or after such effective date.

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

                                  2299

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

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, "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

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