Bill Text: NY S00515 | 2009-2010 | 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.

Sponsorship: Moderate Partisan Bill (Republican 9-2)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00515 Detail]

Download: New_York-2009-S00515-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          515
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee 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, AN 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.  A PERSON WHO IS CAUGHT TAMPERING WITH AN ELECTRONIC  MONITORING
   14  DEVICE 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.
                                                                  LBD01499-01-9