Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Feb 10, 2022 |
referred to codes |
Senate Bill S8304
2021-2022 Legislative Session
Sponsored By
(R, C) 60th Senate District
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
Actions
2021-S8304 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4418
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §145.75, Pen L; amd §§510.10, 530.20 & 530.40, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A9820
2023-2024: S68, A3043
2021-S8304 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8304 SPONSOR: GALLIVAN TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to creating the crime of tampering with electronic monitoring equipment PURPOSE OR GENERAL IDEA OF BILL: This bill will make it a Class E felony, as well as a qualifying offense for bail or remand, to tamper with an electronic monitoring device that has been placed on an individual as an instrument for securing order. SUMMARY OF PROVISIONS: Section one of the bill establishes a new offense under Article 145 (Criminal Mischief and Related Offenses) of the Penal Law. Tampering with electronic monitoring equipment - used pursuant to the criminal procedure law as an instrument for securing order - will be a class E felony.
2021-S8304 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8304 I N S E N A T E February 10, 2022 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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