Bill Text: NY A01533 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates the crimes of tampering with electronic monitoring equipment in the first and second degrees.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2019-01-15 - referred to codes [A01533 Detail]

Download: New_York-2019-A01533-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1533
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced by M. of A. MAGNARELLI, STIRPE, STECK, OTIS, ABBATE, GUNTHER,
          BLAKE,  MOSLEY, PICHARDO, ENGLEBRIGHT, JAFFEE -- Multi-Sponsored by --
          M. of A.  COOK, HEVESI, SIMON -- read once and referred to the Commit-
          tee on Codes
        AN ACT to amend the penal 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:
     1    Section 1. The penal law is amended by adding two new sections  145.75
     2  and 145.80 to read as follows:
     3  § 145.75 Tampering  with  electronic  monitoring equipment in the second
     4             degree.
     5    1. For purposes of this  section,  "electronic  monitoring  equipment"
     6  means  an  instrument  or device utilized in accordance with subdivision
     7  four of section 65.10 of this chapter.
     8    2. A person is guilty of tampering with electronic  monitoring  equip-
     9  ment in the second degree when, having no right to do so nor any reason-
    10  able  ground to believe that he or she has such right, he or she tampers
    11  with electronic monitoring equipment, or  damages  or  otherwise  alters
    12  such  electronic monitoring equipment in an effort to interfere with any
    13  signal, impulse or data being transmitted by such electronic  monitoring
    14  equipment.
    15    Tampering with electronic monitoring equipment in the second degree is
    16  a class A misdemeanor.
    17  § 145.80 Tampering  with  electronic  monitoring  equipment in the first
    18             degree.
    19    1. A person is guilty of tampering with electronic  monitoring  equip-
    20  ment  in  the  first  degree  when, as part of committing tampering with
    21  electronic monitoring equipment in  the  second  degree  as  defined  in
    22  section  145.75 of this article, the person also commits a crime that is
    23  classified as a class A or class B felony.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00093-01-9

        A. 1533                             2
     1    2. When a person is convicted of tampering with electronic  monitoring
     2  equipment  in  the  first  degree, the court shall impose a sentence for
     3  this crime to run consecutive to any sentence imposed for  a  conviction
     4  for the class A or class B felony that was also committed.
     5    Tampering  with electronic monitoring equipment in the first degree is
     6  a class E felony.
     7    § 2. This act shall take effect on the first of November next succeed-
     8  ing the date on which it shall have become a law.
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