Bill Text: NY S05422 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the crimes of tampering with electronic monitoring equipment in the first and second degrees.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-06-12 - referred to codes [S05422 Detail]

Download: New_York-2013-S05422-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5422
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       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 a new section 145.80  to
    2  read as follows:
    3  S 145.80 TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT.
    4    1.  FOR  PURPOSES  OF  THIS SECTION, "ELECTRONIC MONITORING EQUIPMENT"
    5  MEANS AN INSTRUMENT OR DEVICE UTILIZED IN  ACCORDANCE  WITH  SUBDIVISION
    6  FOUR OF SECTION 65.10 OF THIS CHAPTER.
    7    2.  A  PERSON IS GUILTY OF TAMPERING WITH ELECTRONIC MONITORING EQUIP-
    8  MENT WHEN, HAVING NO RIGHT TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE
    9  THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE TAMPERS WITH  ELECTRONIC  MONI-
   10  TORING  EQUIPMENT,  OR DAMAGES OR OTHERWISE ALTERS SUCH ELECTRONIC MONI-
   11  TORING EQUIPMENT IN AN EFFORT TO INTERFERE WITH ANY SIGNAL,  IMPULSE  OR
   12  DATA BEING TRANSMITTED BY SUCH ELECTRONIC MONITORING EQUIPMENT.
   13    TAMPERING  WITH ELECTRONIC MONITORING EQUIPMENT IS A CLASS A MISDEMEA-
   14  NOR.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08055-01-3