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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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

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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

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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 - Bill 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 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5422

TITLE OF BILL: An act to amend the penal law, in relation to creating
the crime of tampering with electronic monitoring equipment

PURPOSE: The bill would make it a crime for a person to tamper,
damage or otherwise alter electronic monitoring equipment utilized in
accordance with Subdivision 4 of Section 65.10 of the Penal Law in an
attempt to interfere with any signal, impulse or data being
transmitted by such electronic monitoring equipment.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new Section 145.80 to the Penal Law.

Subsection 1 defines electronic monitoring equipment.

Subsection 2 defines the crime of tampering with electronic monitoring
equipment and provides that it is a class A misdemeanor.

Section 2 provides the effective date.

JUSTIFICATION: Currently, a court has the power to order an
individual who has been convicted of a crime to wear electronic
monitoring equipment. The purpose of the electronic monitoring
equipment is to assist in the tracking and monitoring of such
individual while he or she is released into the general public. If the
electronic monitoring equipment is tampered with in such a way as to
interfere with any signal, impulse or data to being transmitted, then
the individual ordered to wear the equipment is no longer being
monitored as deemed necessary by the Court. This bill would make it a
crime for the individual who is wearing the electronic monitoring
equipment and/or any other individual from taking action which would
prevent the electronic monitoring equipment from operating
appropriately. This legislation would enable a Court to impose a
criminal penalty of up to one year in jail or a three year sentence of
probation for a person found guilty of committing this crime. The
individual could also be held financially liable for the cost of
damage to the electronic monitoring equipment.

PRIOR LEGISLATIVE HISTORY: 2011/2012: A.3357

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

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                    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) - Bill 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) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5422A

TITLE OF BILL: An act to amend the penal law, in relation to creating
the crime of tampering with electronic monitoring equipment

PURPOSE OF BILL:

The bill would make it a crime for a person to tamper, damage or
otherwise alter electronic monitoring equipment utilized in accordance
with subdivision 4 of section 65.10 of the penal law in an attempt to
interfere with any signal, impulse or data to being transmitted by
such electronic monitoring equipment.

SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding two new sections 145.75 and
145.80.

Section 145.75 establishes the crime of tampering with electronic
monitoring equipment in the second degree. Tampering with electronic
monitoring equipment in the second degree is a class A misdemeanor.

Section 145.80 establishes the crime of tampering with electronic
monitoring equipment in the first degree. Tampering with electronic
equipment in the first degree occurs when an individual is guilty of
tampering with electronic monitoring equipment in the second degree
and also commits a crime classified as a class A or. B felony.
Tampering with electronic monitoring equipment in the first degree is
a class S felony and the court shall impose consecutive convictions.

JUSTIFICATION:

Currently, a court has the power to order an individual who has been
convicted of a crime or is awaiting trial to wear electronic
monitoring equipment. The purpose of the electronic monitoring
equipment is to assist in the tracking and monitoring of such
individual while he or she is released into the general public. If
the electronic monitoring equipment is tampered with in such a way as
to interfere with any signal, impulse or data from being transmitted,
then the individual ordered to wear the equipment is no longer being
monitored as ordered by the Court.

An example of this occurred on the evening of Thursday, March 14, 2013
when David Renz, who was subject to electronic monitoring while
awaiting trial on charges of possessing child pornography, was able to
tamper with his electronic monitoring equipment by removing it and
then quickly putting it back together. This allowed him to violate his
curfew by leaving his mother's house without the electronic monitoring
equipment during a time when he was ordered by the court to remain
inside and under supervision. It was on that evening that he was able
to follow Lori A. Bresnahan and a ten-year-old girl from a gymnastics
class at the Great Northern Mall in Clay, New York. Upon confronting
them, the suspect raped the young girl in the mall parking lot. The
suspect then forced them into the woman's car and drove to Verplank
Road where he proceeded to kill Lori A. Bresnahan by stabbing her to
death.


LEGISLATIVE HISTORY:

05--06: A8281
07-08: A3154/S2277
2009: A3502(Bradley)
2011: A3357
2012: A3357

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This Act shall take effect on the first of November. next succeeding
the date on which it shall have become law.

view full 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

S. 5422--A                          2

  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.
  TAMPERING  WITH ELECTRONIC MONITORING EQUIPMENT IN THE FIRST DEGREE IS
A CLASS E FELONY.
  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.

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