Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Assembly Bill A9358
2009-2010 Legislative Session
Sponsored By
GABRYSZAK
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Amy Paulin
Ginny Fields
Michael Benedetto
David Koon
multi-Sponsors
Robert Barra
David McDonough
Audrey Pheffer
Matthew Titone
2009-A9358 (ACTIVE) - Details
2009-A9358 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9358 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 other- wise alter electronic monitoring equipment utilized in accordance with subdivision 4 of section 65.10 of the penal law in an attempt to inter- fere with any signal, impulse or data to being transmitted by such elec- tronic monitoring equipment. EFFECT OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would make tampering with electronic monitoring equipment a class A misdemeanor and would enable a court to impose a criminal penal- ty of up to one year in jail or three year sentence of probation. The individual could also be held financially liable for the cost of damage to the electronic monitoring equipment. JUSTIFICATION: Currently, a court has the power to order an individual who has been convicted of a crime to wear electronic monitoring equipment. The purpose of said electronic monitoring equipment is to assist in the
2009-A9358 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9358 I N A S S E M B L Y (PREFILED) January 6, 2010 ___________ Introduced by M. of A. GABRYSZAK, PAULIN, FIELDS, BENEDETTO, KOON, GALEF, BENJAMIN, ALFANO -- Multi-Sponsored by -- M. of A. BARRA, PHEF- FER -- read once and referred 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: Section 1. The penal law is amended by adding a new section 145.80 to read as follows: S 145.80 TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT. 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 WHEN, HAVING NO RIGHT TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE TAMPERS WITH ELECTRONIC MONI- TORING EQUIPMENT, OR DAMAGES OR OTHERWISE ALTERS SUCH ELECTRONIC MONI- TORING EQUIPMENT IN AN EFFORT TO INTERFERE WITH ANY SIGNAL, IMPULSE OR DATA BEING TRANSMITTED BY SUCH ELECTRONIC MONITORING EQUIPMENT. TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT IS A CLASS A MISDEMEA- NOR. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02904-01-9
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