Creates the crimes of tampering with electronic monitoring equipment in the first and second degrees.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Sampson
TITLE OF BILL: An act to amend the penal law, in relation to creating the crime of tampering with electronic monitoring equipment
PURPOSE OF BILL:
The bill would make it a crime for a person to tamper, damage or otherwise alter electronic monitoring equipment utilized in accordance with subdivision 4 of section 65.10 of the penal law in an attempt to interfere with any signal, impulse or data to being transmitted by such electronic monitoring equipment.
SUMMARY OF PROVISIONS:
Section 1 amends the penal law by adding two new sections 145.75 and 145.80.
Section 145.75 establishes the crime of tampering with electronic monitoring equipment in the second degree. Tampering with electronic monitoring equipment in the second degree is a class A misdemeanor.
Section 145.80 establishes the crime of tampering with electronic monitoring equipment in the first degree. Tampering with electronic equipment in the first degree occurs when an individual is guilty of tampering with electronic monitoring equipment in the second degree and also commits a crime classified as a class A or. B felony. Tampering with electronic monitoring equipment in the first degree is a class S felony and the court shall impose consecutive convictions.
Currently, a court has the power to order an individual who has been convicted of a crime or is awaiting trial to wear electronic monitoring equipment. The purpose of the electronic monitoring equipment is to assist in the tracking and monitoring of such individual while he or she is released into the general public. If the electronic monitoring equipment is tampered with in such a way as to interfere with any signal, impulse or data from being transmitted, then the individual ordered to wear the equipment is no longer being monitored as ordered by the Court.
An example of this occurred on the evening of Thursday, March 14, 2013 when David Renz, who was subject to electronic monitoring while awaiting trial on charges of possessing child pornography, was able to tamper with his electronic monitoring equipment by removing it and then quickly putting it back together. This allowed him to violate his curfew by leaving his mother's house without the electronic monitoring equipment during a time when he was ordered by the court to remain inside and under supervision. It was on that evening that he was able to follow Lori A. Bresnahan and a ten-year-old girl from a gymnastics class at the Great Northern Mall in Clay, New York. Upon confronting them, the suspect raped the young girl in the mall parking lot. The suspect then forced them into the woman's car and drove to Verplank Road where he proceeded to kill Lori A. Bresnahan by stabbing her to death.
05--06: A8281 07-08: A3154/S2277 2009: A3502(Bradley) 2011: A3357 2012: A3357
This Act shall take effect on the first of November. next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5422--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sens. RITCHIE, DeFRANCISCO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. The penal law is amended by adding two new sections 145.75 and 145.80 to read as follows: S 145.75 TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IN THE SECOND DEGREE. 1. FOR PURPOSES OF THIS SECTION, "ELECTRONIC MONITORING EQUIPMENT" MEANS AN INSTRUMENT OR DEVICE UTILIZED IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION 65.10 OF THIS CHAPTER. 2. A PERSON IS GUILTY OF TAMPERING WITH ELECTRONIC MONITORING EQUIP- MENT IN THE SECOND DEGREE WHEN, HAVING NO RIGHT TO DO SO NOR ANY REASON- ABLE GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE TAMPERS WITH ELECTRONIC MONITORING EQUIPMENT, OR DAMAGES OR OTHERWISE ALTERS SUCH ELECTRONIC MONITORING EQUIPMENT IN AN EFFORT TO INTERFERE WITH ANY SIGNAL, IMPULSE OR DATA BEING TRANSMITTED BY SUCH ELECTRONIC MONITORING EQUIPMENT. TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 145.80 TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IN THE FIRST DEGREE. 1. A PERSON IS GUILTY OF TAMPERING WITH ELECTRONIC MONITORING EQUIP- MENT IN THE FIRST DEGREE WHEN, AS PART OF COMMITTING TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 145.75 OF THIS ARTICLE, THE PERSON ALSO COMMITS A CRIME THAT IS CLASSIFIED AS A CLASS A OR CLASS B FELONY.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08055-03-3 S. 5422--A 2
2. WHEN A PERSON IS CONVICTED OF TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IN THE FIRST DEGREE, THE COURT SHALL IMPOSE A SENTENCE FOR THIS CRIME TO RUN CONSECUTIVE TO ANY SENTENCE IMPOSED FOR A CONVICTION FOR THE CLASS A OR CLASS B FELONY THAT WAS ALSO COMMITTED. TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IN THE FIRST DEGREE IS A CLASS E FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.