Bill Text: NY S01212 | 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 (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S01212 Detail]
Download: New_York-2019-S01212-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1212 2019-2020 Regular Sessions IN SENATE January 11, 2019 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee 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. 24 2. When a person is convicted of tampering with electronic monitoring 25 equipment in the first degree, the court shall impose a sentence for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00093-01-9S. 1212 2 1 this crime to run consecutive to any sentence imposed for a conviction 2 for the class A or class B felony that was also committed. 3 Tampering with electronic monitoring equipment in the first degree is 4 a class E felony. 5 § 2. This act shall take effect on the first of November next succeed- 6 ing the date on which it shall have become a law.
