Bill Text: NY A00889 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires individuals who have an order of protection issued against them to wear an electronic monitoring device.

Spectrum: Moderate Partisan Bill (Democrat 23-3)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in codes [A00889 Detail]

Download: New_York-2011-A00889-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          889
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  ORTIZ,  TOBACCO,  GALEF, SCHIMEL, GABRYSZAK,
         MAISEL,  ENGLEBRIGHT,  BOYLAND,  J. RIVERA,  CASTRO,  HOOPER,  JAFFEE,
         SPANO, M. MILLER, N. RIVERA -- Multi-Sponsored by -- M. of A. HEASTIE,
         MARKEY, MAYERSOHN, McDONOUGH, MILLMAN, PERRY, PHEFFER, ROBINSON, SCAR-
         BOROUGH,  SWEENEY, WEISENBERG -- read once and referred to the Commit-
         tee 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:
    1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
    2  section 530.15 to read as follows:
    3  S 530.15 WEARING OF ELECTRONIC TAGGING DEVICES.
    4    1.  ANY  PERSON AGAINST WHOM AN ORDER OF PROTECTION IS ISSUED PURSUANT
    5  TO THIS ARTICLE SHALL BE  REQUIRED  TO  WEAR  AN  ELECTRONIC  MONITORING
    6  DEVICE.    FOR  PURPOSES OF THIS SECTION, "ELECTRONIC MONITORING DEVICE"
    7  MEANS A DEVICE, WORN BY AN  INDIVIDUAL,  THAT  TRANSMITS  A  SIGNAL  AND
    8  ENABLES  ANOTHER  PERSON OR ENTITY TO MONITOR, TRACK AND/OR PINPOINT THE
    9  LOCATION OF THE INDIVIDUAL WEARING THE DEVICE THROUGH THE  RECEPTION  OF
   10  THAT SIGNAL.
   11    2.  AN INDIVIDUAL MAY NOT TAMPER WITH HIS OR HER ELECTRONIC MONITORING
   12  DEVICE IN ANY WAY, NOR MAY THEY ALLOW ANOTHER PERSON TO TAMPER WITH SUCH
   13  DEVICE. ANY PERSON WHO TAMPERS  WITH  AN  ELECTRONIC  MONITORING  DEVICE
   14  SHALL BE GUILTY OF A CLASS E FELONY.
   15    S  2.  This  act  shall take effect immediately and shall apply to any
   16  person against whom an order of protection has been issued on  or  after
   17  the effective date of this act.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       A                                                          LBD02727-01-1