S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4418
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  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 145.75  to
 read as follows:
 § 145.75 TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT.
   1.  FOR  PURPOSES  OF  THIS SECTION, "ELECTRONIC MONITORING EQUIPMENT"
 MEANS AN INSTRUMENT OR DEVICE UTILIZED AS  A  CONDITION  OF  A  SECURING
 ORDER PURSUANT TO ARTICLE FIVE HUNDRED TEN OR FIVE HUNDRED THIRTY OF THE
 CRIMINAL  PROCEDURE  LAW,  OR  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 GROUNDS 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 IS A CLASS E FELONY.
   § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law, as added by section 2 of part UU of chapter 56
 of the laws of 2020, are amended to read as follows:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08052-01-1

 A. 4418                             2
 
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision; OR
   (U)  TAMPERING  WITH  ELECTRONIC  MONITORING  EQUIPMENT  AS DEFINED IN
 SECTION 145.75 OF THE PENAL LAW.
   § 3. Subparagraphs (xix) and (xx) of paragraph b of subdivision  1  of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 part  UU  of  chapter  56  of  the  laws of 2020, are amended to read as
 follows:
   (xix) a felony, where the defendant qualifies for sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision; OR
   (XXI)  TAMPERING  WITH  ELECTRONIC  MONITORING EQUIPMENT AS DEFINED IN
 SECTION 145.75 OF THE PENAL LAW.
   § 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law, as added by section 4 of part UU of chapter 56
 of the laws of 2020, are amended to read as follows:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision; OR
   (U)  TAMPERING  WITH  ELECTRONIC  MONITORING  EQUIPMENT  AS DEFINED IN
 SECTION 145.75 OF THE PENAL LAW.
   § 5. This act shall take effect immediately.