NY State Senate Bill 2021-S1896

Senate Bill S1896

2021-2022 Legislative Session

Creates the crimes of tampering with electronic monitoring equipment in the first and second degree

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 16, 2021	referred to codes

2021-S1896 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§145.75 & 145.80, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5422
2015-2016: S2305
2017-2018: S759
2019-2020: S1212
2023-2024: S7316

2021-S1896 (ACTIVE) - Summary

Creates the crimes of tampering with electronic monitoring equipment in the first and second degrees.

2021-S1896 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1896

SPONSOR: RITCHIE
 
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.

 
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 electron-
ic 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 moni-
toring equipment in the first degree. Tampering with electronic equip-
ment in the first degree occurs when an individual is guilty of tamper-
ing 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.

Section 2 is the effective date.

 
JUSTIFICATION:

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 equip-
ment 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 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 tricked law enforcement officials into
thinking he as home when really he was able to violate his curfew and
leave his mother's house without the electronic monitoring equipment. He
then proceeded to commit two heinous crimes:  the murder of Liverpool
school librarian Lori Bresnahan and the rape of a 10-year-old girl. Upon
confronting them at the Great Northing Mall in Clay New York, David Renz
abducted both victims, raped the young girl, and proceeded to murder
Lori. Renz reportedly tampered with his monitoring bracelet at least
forty-six times while he awaited trial for charges of possession of
child pornography, but none of these alerts were investigated.


By creating the crimes of tampering with electronic monitoring equip-
ment, this bill requires law enforcement authorities to investigate
evidence of such behavior. Through more acute screening of these moni-
toring devices, along with the criminalization of tampering with these
monitors, the New York Legislature can help to prevent horrific trage-
dies like the murder and rape of Renz's victims.

 
LEGISLATIVE HISTORY:

2017-2018: S.759/A.1676

2019-2020: A.1212/A.1533

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2021-S1896 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1896
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed 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 two new sections  145.75
 and 145.80 to read as follows:
 § 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.
 § 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.
   2. WHEN A PERSON IS CONVICTED OF TAMPERING WITH ELECTRONIC  MONITORING
 EQUIPMENT  IN  THE  FIRST  DEGREE, THE COURT SHALL IMPOSE A SENTENCE FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04447-01-1

 S. 1896                             2
 
 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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