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
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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.
LBD00562-01-7
A. 1676 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.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.