Bill Text: NY A09106 | 2019-2020 | General Assembly | Introduced


Bill Title: Allows for the electronic monitoring of persons charged with certain crimes who were previously convicted of a violent felony offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-21 - referred to codes [A09106 Detail]

Download: New_York-2019-A09106-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9106

                   IN ASSEMBLY

                                    January 21, 2020
                                       ___________

        Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
          tee 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:

     1    Section 1. Subdivision 21 of section 500.10 of the criminal  procedure
     2  law,  as  added  by section 1-f of part JJJ of chapter 59 of the laws of
     3  2019, is amended to read as follows:
     4    21. "Qualifies for electronic monitoring," for purposes of subdivision
     5  four of section 510.40 of this title, means  a  person  charged  with  a
     6  felony,  a misdemeanor crime of domestic violence, a misdemeanor defined
     7  in article one hundred thirty of the penal law, a crime and the  circum-
     8  stances  of  paragraph  (b) of subdivision two of section 530.60 of this
     9  title apply, or any misdemeanor where the  defendant  stands  previously
    10  convicted[,  within the past five years,] of a violent felony offense as
    11  defined in section 70.02 of the penal law. [For  the  purposes  of  this
    12  subdivision,  in  calculating  such five year period, any period of time
    13  during which the defendant was incarcerated for any reason  between  the
    14  time  of  the  commission  of  any  such  previous crime and the time of
    15  commission of the present crime shall be excluded  and  such  five  year
    16  period shall be extended by a period or periods equal to the time served
    17  under such incarceration.]
    18    § 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
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