Requires individuals who have an order of protection issued against them to wear an electronic monitoring device.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring certain individuals to wear electronic monitoring devices
PURPOSE: This bill requires any person against whom an order of protection is issued to be required to wear an electronic monitoring device.
SUMMARY OF PROVISIONS: Section 1. The criminal procedure law is amended by adding a new section 530.15. This requires that any person against whom an order of protection is issued, shall be required to wear an electronic tagging device. Also if an individual tampers with the device, they shall be guilty of a class E felony.
JUSTIFICATION: In 1999 the New York State Division of Criminal Justice Services received 55,558 police reports of family offenses involving adult intimate partners. In one out of five of these cases the victim knew the offender and the use of a weapon was involved. An adult female was identified as the victim in 84% of cases. In a national study of more than 6,000 families, 50% of the men who frequently assaulted their wives also frequently abused their children. There are also major mental health issues, with victims often suffering from major depression and post-traumatic stress disorder. An act of domestic violence occurs every 15 seconds in the United States, more frequent than any other crime. In light of this frightening statistic legislative action is necessary to protect both women and children from such violence.
LEGISLATIVE HISTORY: 2010: S.515 - Referred to Codes/A.2599 - Referred to Codes 2009: S.515 - Referred to Codes/A.2599 - Referred to Codes 2008: S.4796 - 3rd Reading Calendar/A.5424 - Referred to Codes 2007: S.4796 - Passed Senate/A.5424 - Referred to Codes 2006: A.8163 - Referred to Codes
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take effect immediately and shall apply to any person against whom an order of protection is issued on or after such effective date.
STATE OF NEW YORK ________________________________________________________________________ 2939 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________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: Section 1. The criminal procedure law is amended by adding a new section 530.15 to read as follows: S 530.15 WEARING OF ELECTRONIC TAGGING DEVICES. 1. ANY PERSON AGAINST WHOM AN ORDER OF PROTECTION IS ISSUED PURSUANT TO THIS ARTICLE SHALL BE REQUIRED TO WEAR AN ELECTRONIC MONITORING DEVICE. FOR PURPOSES OF THIS SECTION, "ELECTRONIC MONITORING DEVICE" MEANS A DEVICE, WORN BY AN INDIVIDUAL, THAT TRANSMITS A SIGNAL AND ENABLES ANOTHER PERSON OR ENTITY TO MONITOR, TRACK AND/OR PINPOINT THE LOCATION OF THE INDIVIDUAL WEARING THE DEVICE THROUGH THE RECEPTION OF THAT SIGNAL. 2. AN INDIVIDUAL MAY NOT TAMPER WITH HIS OR HER ELECTRONIC MONITORING DEVICE IN ANY WAY, NOR MAY THEY ALLOW ANOTHER PERSON TO TAMPER WITH SUCH DEVICE. ANY PERSON WHO TAMPERS WITH AN ELECTRONIC MONITORING DEVICE SHALL BE GUILTY OF A CLASS E FELONY. S 2. This act shall take effect immediately and shall apply to any person against whom an order of protection has been issued on or after the effective date of this act.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02727-01-1