S2939-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Feb 3, 2011: REFERRED TO CODES

S2939-2011 Memo

BILL NUMBER:S2939

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.

S2939-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2939
 2011-2012 Regular Sessions
 I N  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

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