Senate Bill S7316

                                 
BILL NUMBER: S7316

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to amend the penal law, in relation to creating the crime of
tampering with electronic monitoring equipment

 
PURPOSE:

The bill would make it a crime for a person to tamper, damage, or other-
wise alter electronic monitoring equipment utilized in accordance with
subdivision 4 of section 65.10 of the penal law in an attempt to inter-
fere with any signal, impulse or data to being transmitted by such elec-
tronic 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 electron-
ic 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 moni-
toring equipment in the first degree. Tampering with electronic equip-
ment in the first degree occurs when an individual is guilty of tamper-
ing 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 equip-
ment 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 equip-
ment, this bill requires law enforcement authorities to investigate
evidence of such behavior. Through more acute screening of these moni-
toring devices, along with the criminalization of tampering with these
monitors, the New York Legislature can help to prevent horrific trage-
dies like the murder and rape of Renz's victims.

 
LEGISLATIVE HISTORY:

2017-2018: S.759/A.1676

2019-2020: S.1212/A.1533

2021-22: S.1896

 
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.