S T A T E O F N E W Y O R K
________________________________________________________________________
7110
I N S E N A T E
(PREFILED)
January 8, 2020
___________
Introduced by Sens. SKOUFIS, KAPLAN, KAMINSKY, BROOKS, GAUGHRAN, METZ-
GER, MARTINEZ, GOUNARDES, THOMAS -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the electron-
ic monitoring of persons charged with a crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 21 of section 500.10 of the criminal procedure
law, as added by section 1-f of part JJJ of chapter 59 of the laws of
2019, is amended to read as follows:
21. "Qualifies for electronic monitoring," for purposes of subdivision
four of section 510.40 of this title, means a person charged with a
felony, a misdemeanor crime of domestic violence, a misdemeanor defined
in article one hundred thirty of the penal law, a crime and the circum-
stances of paragraph (b) of subdivision two of section 530.60 of this
title apply, or any misdemeanor where the defendant stands previously
convicted[, within the past five years,] of a violent felony offense as
defined in section 70.02 of the penal law. [For the purposes of this
subdivision, in calculating such five year period, any period of time
during which the defendant was incarcerated for any reason between the
time of the commission of any such previous crime and the time of
commission of the present crime shall be excluded and such five year
period shall be extended by a period or periods equal to the time served
under such incarceration.]
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14628-01-0