Bill Text: NY A09820 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates the crime of tampering with electronic monitoring equipment.

Spectrum: Partisan Bill (Republican 22-0)

Status: (Introduced - Dead) 2020-02-13 - referred to codes [A09820 Detail]

Download: New_York-2019-A09820-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9820

                   IN ASSEMBLY

                                    February 13, 2020
                                       ___________

        Introduced  by M. of A. RA -- read once and referred to the Committee on
          Codes

        AN ACT to amend the  penal  law  and  the  criminal  procedure  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 a new section 145.75  to
     2  read as follows:
     3  § 145.75 Tampering with electronic monitoring equipment.
     4    1.  For  purposes  of  this section, "electronic monitoring equipment"
     5  means an instrument or device utilized as  a  condition  of  a  securing
     6  order pursuant to article five hundred ten or five hundred thirty of the
     7  criminal  procedure  law,  or  in  accordance  with  subdivision four of
     8  section 65.10 of this chapter.
     9    2. A person is guilty of tampering with electronic  monitoring  equip-
    10  ment  when,  having  no  right  to  do  so nor any reasonable grounds to
    11  believe that he or she has such right, he or she tampers with electronic
    12  monitoring equipment, or damages or  otherwise  alters  such  electronic
    13  monitoring  equipment in an effort to interfere with any signal, impulse
    14  or data being transmitted by such electronic monitoring equipment.
    15    Tampering with electronic monitoring equipment is a class E felony.
    16    § 2. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of  the
    17  criminal  procedure law, as added by section 2 of part JJJ of chapter 59
    18  of the laws of 2019, are amended to read as follows:
    19    (h) criminal contempt in the second degree as defined  in  subdivision
    20  three of section 215.50 of the penal law, criminal contempt in the first
    21  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    22  the penal law or aggravated criminal  contempt  as  defined  in  section
    23  215.52 of the penal law, and the underlying allegation of such charge of
    24  criminal  contempt  in the second degree, criminal contempt in the first
    25  degree or aggravated criminal contempt is that the defendant violated  a
    26  duly served order of protection where the protected party is a member of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15251-02-0
        A. 9820                             2

     1  the  defendant's  same family or household as defined in subdivision one
     2  of section 530.11 of this [article] title; [or]
     3    (i)  facilitating  a  sexual  performance by a child with a controlled
     4  substance or alcohol as defined in section 263.30 of the penal law,  use
     5  of  a  child in a sexual performance as defined in section 263.05 of the
     6  penal law or luring a child as defined in  subdivision  one  of  section
     7  120.70 of the penal law; or
     8    (j)  tampering  with  electronic  monitoring  equipment  as defined in
     9  section 145.75 of the penal law.
    10    § 3. Subparagraphs (viii) and (ix) of paragraph b of subdivision 1  of
    11  section  530.20 of the criminal procedure law, as added by section 16 of
    12  part JJJ of chapter 59 of the laws of  2019,  are  amended  to  read  as
    13  follows:
    14    (viii)  criminal  contempt in the second degree as defined in subdivi-
    15  sion three of section 215.50 of the penal law, criminal contempt in  the
    16  first degree as defined in subdivision (b), (c) or (d) of section 215.51
    17  of  the  penal law or aggravated criminal contempt as defined in section
    18  215.52 of the penal law, and the underlying allegation of such charge of
    19  criminal contempt in the second degree, criminal contempt in  the  first
    20  degree  or aggravated criminal contempt is that the defendant violated a
    21  duly served order of protection where the protected party is a member of
    22  the defendant's same family or household as defined in  subdivision  one
    23  of section 530.11 of this article; [or]
    24    (ix)  facilitating  a  sexual performance by a child with a controlled
    25  substance or alcohol as defined in section 263.30 of the penal law,  use
    26  of  a  child in a sexual performance as defined in section 263.05 of the
    27  penal law or luring a child as defined in  subdivision  one  of  section
    28  120.70 of the penal law; or
    29    (x)  tampering  with  electronic  monitoring  equipment  as defined in
    30  section 145.75 of the penal law.
    31    § 4. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of  the
    32  criminal procedure law, as added by section 18 of part JJJ of chapter 59
    33  of the laws of 2019, are amended to read as follows:
    34    (h)  criminal  contempt in the second degree as defined in subdivision
    35  three of section 215.50 of the penal law, criminal contempt in the first
    36  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
    37  the  penal  law  or  aggravated  criminal contempt as defined in section
    38  215.52 of the penal law, and the underlying allegation of such charge of
    39  criminal contempt in the second degree, criminal contempt in  the  first
    40  degree  or aggravated criminal contempt is that the defendant violated a
    41  duly served order of protection where the protected party is a member of
    42  the defendant's same family or household as defined in  subdivision  one
    43  of section 530.11 of this article; [or]
    44    (i)  facilitating  a  sexual  performance by a child with a controlled
    45  substance or alcohol as defined in section 263.30 of the penal law,  use
    46  of  a  child in a sexual performance as defined in section 263.05 of the
    47  penal law or luring a child as defined in  subdivision  one  of  section
    48  120.70 of the penal law; or
    49    (j)  tampering  with  electronic  monitoring  equipment  as defined in
    50  section 145.75 of the penal law.
    51    § 5. This act shall take effect immediately.