NY State Senate Bill 2021-S5411

Senate Bill S5411

2021-2022 Legislative Session

Requires persons against whom an order of protection is issued to wear an electronic monitoring device

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 04, 2021	referred to codes

2021-S5411 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §530.15, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4327
2019-2020: S380
2023-2024: S4320

2021-S5411 (ACTIVE) - Summary

Requires persons against whom an order of protection is issued to wear an electronic monitoring device; prohibits the tampering with such a device and violation of such prohibition constitutes a class E felony.

2021-S5411 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5411

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
certain individuals to wear electronic monitoring devices

 
PURPOSE:

This bill requires any person against whom an order of protection is
issued to be required to wear an electronic monitoring device.

 
SUMMARY OF PROVISIONS:

Section 1. The criminal procedure law is amended by adding a new section
530.15. This requires that any person against whom an order of
protection is issued, shall be required to wear an electronic tagging
device. Also if an individual tampers with the device, they shall be
guilty of a class El felony.

 
JUSTIFICATION:

In 1999 the New York State Division of Criminal Justice Services
received 55,558 police reports of family offenses involving adult inti-
mate partners. In one out of five of these cases the victim knew the
offender and the use of a weapon was involved. An adult female was iden-
tified as the victim in 84% of cases. In a national study of more than
6,000 families, 509E of the men who frequently assaulted their wives
also frequently abused their children. There are also major mental
health issues, with victims often suffering from major depression and
post-traumatic stress disorder. An act of domestic violence occurs every
15 seconds in the United States, more frequent than any other crime. In
light of this frightening statistic legislative action is necessary to
protect both women and children from such violence.

 
LEGISLATIVE HISTORY:

2020: S.380 - Referred to Codes /A.5835 - Referred to Codes

2019: S.380 - Referred to Codes /A.5835 - Referred to Codes

2018: S.4327-Third Reading Calendar/ A.6012- Referred to Codes.

2013: S.4327-Referred to Rules/ A.6012- Referred to Codes.

2014: S.2299-Referred to Codes/ A.1913- Referred to Codes.

2013: S.2299-Referred to Codes/ A.1913- Referred to Codes.

2012: S.2939-Referred to Codes/ A.669 -Referred to Codes.

2011: S.2939-Referred to Codes/ A.889 -Referred to Codes.

2010: S.515-Referred to Codes /A.2599 -Referred to Codes.

2009: S.515-Referred to Codes /A.2599 -Referred to Codes.

2008: S.4796-3rd Reading Calendar / A.5424 - Referred to Codes.
2007: S.4796-Passed Senate / A.5424 - Referred to Codes.

2006: A.8163-Referred to Codes.

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any person
against whom an order of protection is issued on or after such effective
date.

2021-S5411 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5411
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  requiring
   certain individuals to wear electronic monitoring devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 530.15 to read as follows:
 § 530.15 WEARING OF ELECTRONIC TAGGING DEVICES.
   1.  ANY  PERSON AGAINST WHOM AN ORDER OF PROTECTION IS ISSUED PURSUANT
 TO THIS ARTICLE SHALL BE  REQUIRED  TO  WEAR  AN  ELECTRONIC  MONITORING
 DEVICE.    FOR  PURPOSES OF THIS SECTION, "ELECTRONIC MONITORING DEVICE"
 MEANS A DEVICE, WORN BY AN  INDIVIDUAL,  THAT  TRANSMITS  A  SIGNAL  AND
 ENABLES  ANOTHER  PERSON OR ENTITY TO MONITOR, TRACK AND/OR PINPOINT THE
 LOCATION OF THE INDIVIDUAL WEARING THE DEVICE THROUGH THE  RECEPTION  OF
 THAT SIGNAL.
   2.  AN INDIVIDUAL SHALL NOT TAMPER WITH HIS OR HER ELECTRONIC MONITOR-
 ING DEVICE IN ANY WAY, NOR MAY THEY ALLOW ANOTHER PERSON TO TAMPER  WITH
 SUCH DEVICE. ANY PERSON WHO TAMPERS WITH AN ELECTRONIC MONITORING DEVICE
 SHALL BE GUILTY OF A CLASS E FELONY.
   §  2.  This  act  shall take effect immediately and shall apply to any
 person against whom an order of protection has been issued on  or  after
 the effective date of this act.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05895-01-1

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