senate Bill S5422A

2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 advanced to third reading
Jun 02, 2014 2nd report cal.
May 29, 2014 1st report cal.1051
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 18, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1453
committee discharged and committed to rules
Jun 11, 2013 print number 5422a
amend and recommit to codes
May 16, 2013 referred to codes

Votes

view votes

May 29, 2014 - Codes committee Vote

S5422A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 18, 2013 - Rules committee Vote

S5422A
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5422 - Details

See Assembly Version of this Bill:
A9510
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§145.75 & 145.80, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3357
2009-2010: A3502, A9358

S5422 - Summary

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

S5422 - Sponsor Memo

S5422 - Bill Text download pdf

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

                                  5422

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed 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

S5422A (ACTIVE) - Details

See Assembly Version of this Bill:
A9510
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§145.75 & 145.80, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3357
2009-2010: A3502, A9358

S5422A (ACTIVE) - Summary

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

S5422A (ACTIVE) - Sponsor Memo

S5422A (ACTIVE) - Bill Text download pdf

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

                                 5422--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sens.  RITCHIE,  DeFRANCISCO,  VALESKY -- read twice and
  ordered printed, and when printed to be committed 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.
                                                           LBD08055-03-3

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