Requires persons against whom an order of protection is issued to wear an electronic monitoring device; prohibits the tampering with such a device and violation of such prohibition constitutes a class E felony.
STATE OF NEW YORK
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4320
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring
certain individuals to wear electronic monitoring devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 530.15 to read as follows:
3 § 530.15 Wearing of electronic tagging devices.
4 1. Any person against whom an order of protection is issued pursuant
5 to this article shall be required to wear an electronic monitoring
6 device. For purposes of this section, "electronic monitoring device"
7 means a device, worn by an individual, that transmits a signal and
8 enables another person or entity to monitor, track and/or pinpoint the
9 location of the individual wearing the device through the reception of
10 that signal.
11 2. An individual shall not tamper with his or her electronic monitor-
12 ing device in any way, nor may they allow another person to tamper with
13 such device. Any person who tampers with an electronic monitoring device
14 shall be guilty of a class E felony.
15 § 2. This act shall take effect immediately and shall apply to any
16 person against whom an order of protection has been issued on or after
17 the effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08639-01-3