Assembly Bill A1676

2017-2018 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

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A1676 (ACTIVE) - Details

See Senate Version of this Bill:
S759
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§145.75 & 145.80, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9510, S5422
2015-2016: A1699, S2305
2019-2020: A1533, S1212
2021-2022: S1896
2023-2024: S7316

2017-A1676 (ACTIVE) - Summary

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

2017-A1676 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1676
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. MAGNARELLI, STIRPE, STECK, OTIS, ABBATE, GUNTHER,
   BLAKE,  MOSLEY,  PICHARDO,  ENGLEBRIGHT, HOOPER, JAFFEE -- Multi-Spon-
   sored by -- M. of A. COOK, HEVESI,  MAGEE,  SIMON  --  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:
 § 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.
 § 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.

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