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A9358Assembly2009-2010 Session

Creates the crime of tampering with electronic monitoring equipment

Sponsor Dennis H. GabryszakAD-143+8 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

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In committee · Codes

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  1. Referred to codes

Full text

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Sponsor's memo

BILL NUMBER:A9358

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.

Effect of present law which this bill would alter

This bill would make tampering with electronic monitoring equipment a class A misdemeanor and would enable a court to impose a criminal penal- ty of up to one year in jail or three year sentence of probation. The individual could also be held financially liable for the cost of damage to the electronic monitoring equipment.

Justification

Currently, a court has the power to order an individual who has been convicted of a crime to wear electronic monitoring equipment. The purpose of said 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 said electronic monitoring equipment is tampered with in such a way as to interfere with any signal, impulse or data to being transmitted, then the individual ordered to wear the equipment is no longer being monitored as deemed necessary by the Court. This bill would make it a crime for the individual who is wearing the electronic monitoring equipment and/or any other individual from taking action which would prevent the electronic monitoring equipment from operating appropriately.

Prior legislative history

A8281 of 2005/2006 A3154/S2277 of 2007-2008. A3502 of 2009 (Bradley)

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.