Assembly Bill A9820

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9820
 
                           I N  A S S E M B L Y
 
                             February 13, 2020
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  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 145.75  to
 read as follows:
 § 145.75 TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT.
   1.  FOR  PURPOSES  OF  THIS SECTION, "ELECTRONIC MONITORING EQUIPMENT"
 MEANS AN INSTRUMENT OR DEVICE UTILIZED AS  A  CONDITION  OF  A  SECURING
 ORDER PURSUANT TO ARTICLE FIVE HUNDRED TEN OR FIVE HUNDRED THIRTY OF THE
 CRIMINAL  PROCEDURE  LAW,  OR  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 GROUNDS 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 IS A CLASS E FELONY.
   § 2. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of  the
 criminal  procedure law, as added by section 2 of part JJJ of chapter 59
 of the laws of 2019, are amended to read as follows:
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15251-02-0

 A. 9820                             2
 
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this [article] TITLE; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law; OR
   (J)  TAMPERING  WITH  ELECTRONIC  MONITORING  EQUIPMENT  AS DEFINED IN
 SECTION 145.75 OF THE PENAL LAW.
   § 3. Subparagraphs (viii) and (ix) of paragraph b of subdivision 1  of
 section  530.20 of the criminal procedure law, as added by section 16 of
 part JJJ of chapter 59 of the laws of  2019,  are  amended  to  read  as
 follows:
   (viii)  criminal  contempt in the second degree as defined in subdivi-
 sion three of section 215.50 of the penal law, criminal contempt in  the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of  the  penal law or aggravated criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; [or]
   (ix)  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law; OR
   (X)  TAMPERING  WITH  ELECTRONIC  MONITORING  EQUIPMENT  AS DEFINED IN
 SECTION 145.75 OF THE PENAL LAW.
   § 4. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of  the
 criminal procedure law, as added by section 18 of part JJJ of chapter 59
 of the laws of 2019, are amended to read as follows:
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law; OR
   (J)  TAMPERING  WITH  ELECTRONIC  MONITORING  EQUIPMENT  AS DEFINED IN
 SECTION 145.75 OF THE PENAL LAW.
   § 5. This act shall take effect immediately.