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A01676 Summary:

BILL NOA01676
 
SAME ASSAME AS S00759
 
SPONSORMagnarelli
 
COSPNSRStirpe, Steck, Otis, Abbate, Gunther, Blake, Mosley, Pichardo, Englebright, Hooper, Jaffee
 
MLTSPNSRCook, Hevesi, Magee, Simon
 
Add 145.75 & 145.80, Pen L
 
Creates the crimes of tampering with electronic monitoring equipment in the first and second degrees.
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A01676 Actions:

BILL NOA01676
 
01/12/2017referred to codes
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A01676 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1676
 
SPONSOR: Magnarelli (MS)
  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 145.8.0. 145.75 establishes the crime of tampering with electronic monitoring equipment in the second degree. Tampering with electronic monitoring equipment in the second degree is a class A misdemeanor. 145.80 establishes the crime of tampering with electronic monitoring equipment in the first degree. Tampering with electronic equipment in the first degree occurs when an individual is guilty of tampering 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 establishes 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 being 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 allowed him to violate his curfew by leaving his mother's house without the electronic monitoring equipment during a time when he was ordered by the court to remain inside and under supervision. It was on that evening that he was able to follow Lori A. Bresnahan and a ten-year-old girl from a gymnastics class at the Great Northern Mall in Clay, New York. Upon confronting them, the suspect raped the young girl in the mall parking lot. The suspect then forced them into the woman's car and drove to Verplank Road where he proceeded to kill Lori A. Bresnahan by stabbing her to death.   LEGISLATIVE HISTORY: 2005-2006: A.8281 2007-2008: A.3154/S.2277 2009: A.3502 2011-2012: A.3357 2014: A.9510/5.5422 2015-2016: A.1699/5.2305   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 law.
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A01676 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1676
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced by M. of A. MAGNARELLI, STIRPE, STECK, OTIS, ABBATE, GUNTHER,
          BLAKE,  MOSLEY,  PICHARDO,  ENGLEBRIGHT, HOOPER, JAFFEE -- Multi-Spon-
          sored by -- M. of A. COOK, HEVESI,  MAGEE,  SIMON  --  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:
 
     1    Section  1. The penal law is amended by adding two new sections 145.75
     2  and 145.80 to read as follows:
     3  § 145.75 Tampering with electronic monitoring equipment  in  the  second
     4             degree.
     5    1.  For  purposes  of  this section, "electronic monitoring equipment"
     6  means an instrument or device utilized in  accordance  with  subdivision
     7  four of section 65.10 of this chapter.
     8    2.  A  person is guilty of tampering with electronic monitoring equip-
     9  ment in the second degree when, having no right to do so nor any reason-
    10  able ground to believe that he or she has such right, he or she  tampers
    11  with  electronic  monitoring  equipment,  or damages or otherwise alters
    12  such electronic monitoring equipment in an effort to interfere with  any
    13  signal,  impulse or data being transmitted by such electronic monitoring
    14  equipment.
    15    Tampering with electronic monitoring equipment in the second degree is
    16  a class A misdemeanor.
    17  § 145.80 Tampering with electronic monitoring  equipment  in  the  first
    18             degree.
    19    1.  A  person is guilty of tampering with electronic monitoring equip-
    20  ment in the first degree when, as  part  of  committing  tampering  with
    21  electronic  monitoring  equipment  in  the  second  degree as defined in
    22  section 145.75 of this article, the person also commits a crime that  is
    23  classified as a class A or class B felony.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00562-01-7

        A. 1676                             2
 
     1    2.  When a person is convicted of tampering with electronic monitoring
     2  equipment in the first degree, the court shall  impose  a  sentence  for
     3  this  crime  to run consecutive to any sentence imposed for a conviction
     4  for the class A or class B felony that was also committed.
     5    Tampering  with electronic monitoring equipment in the first degree is
     6  a class E felony.
     7    § 2. This act shall take effect on the first of November next succeed-
     8  ing the date on which it shall have become a law.
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