S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3043
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  RA,  BLANKENBUSH,  BRABENEC -- 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 (t) and (u) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 2 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00589-01-3
              

 A. 3043                             2
 
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined  in  section  265.01-b of the penal law, 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] PARAGRAPH, any of the underlying crimes need  not
 be a qualifying offense as defined in this subdivision. For the purposes
 of  this  paragraph,  "harm to an identifiable person or property" shall
 include but not be limited to theft of or damage to  property.  However,
 based  upon  a review of the facts alleged in the accusatory instrument,
 if the court determines that such  theft  is  negligible  and  does  not
 appear  to  be  in furtherance of other criminal activity, the principal
 shall be released on his or her own recognizance  or  under  appropriate
 non-monetary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  TAMPERING  WITH  ELECTRONIC  MONITORING  EQUIPMENT  AS DEFINED IN
 SECTION 145.75 OF THE PENAL LAW.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
 amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 agraph (xxii) is added to read as follows:
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket 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.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII) TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT  AS  DEFINED  IN
 SECTION 145.75 OF THE PENAL LAW.
   §  4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 A. 3043                             3
 
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  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] PARAGRAPH, any of the underlying crimes need not
 be a qualifying offense as defined in this subdivision. For the purposes
 of this paragraph, "harm to an identifiable person  or  property"  shall
 include  but  not be limited to theft of or damage to property. However,
 based upon a review of the facts alleged in the  accusatory  instrument,
 if  the  court  determines  that  such  theft is negligible and does not
 appear to be in furtherance of other criminal  activity,  the  principal
 shall  be  released  on his or her own recognizance or under appropriate
 non-monetary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) TAMPERING WITH  ELECTRONIC  MONITORING  EQUIPMENT  AS  DEFINED  IN
 SECTION 145.75 OF THE PENAL LAW.
   § 5. This act shall take effect immediately.