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.