BILL NUMBER:  S759

 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.

Section 2 is the effective date.

 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
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 tricked law enforcement
officials into thinking he as home when really he was able to violate
his curfew and leave his mother's house without the electronic
monitoring equipment. He then proceeded to commit two heinous crimes:
the murder of Liverpool school librarian Lori Bresnahan and the rape
of a 10-year-old girl. Upon confronting them at the Great Northing
Mall in Clay New York, David Renz abducted both victims, raped the
young girl, and proceeded to murder Lori. Renz reportedly tampered
with his monitoring bracelet at least forty-six times while he awaited
trial for charges of possession of child pornography, but none of
these alerts were investigated.

By creating the crimes of tampering with electronic monitoring
equipment, this bill requires law enforcement authorities to
investigate evidence of such behavior. Through more acute screening of
these monitoring devices, along with the criminalization of tampering
with these monitors, the New York Legislature can help to prevent
horrific tragedies like the murder and rape of Renz's victims.

 LEGISLATIVE HISTORY :

2015-2016: S.2305/A.1699
2013-2014: A.9510/S.5422-A
2012: A.3357
2011: A.3357
2009: A.3502
2007-2008: A.3154/S.2277
2005-2006: A.8281

 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 a law.