Creates the crimes of tampering with electronic monitoring equipment in the first and second degree

2 Co-sponsors

• John A. DeFrancisco
• David J. Valesky

BILL NUMBER:S5422A

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 otherwise alter electronic monitoring equipment utilized in accordance with subdivision 4 of section 65.10 of the penal law in an attempt to interfere with any signal, impulse or data to being transmitted by such electronic monitoring equipment.

Summary of provisions

Section 1 amends the penal law by adding two new sections 145.75 and 145.80.

Section 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.

Section 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.

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 equipment 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

05--06: A8281 07-08: A3154/S2277 2009: A3502(Bradley) 2011: A3357 2012: A3357

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.