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

4 Co-sponsors

• Thomas Croci
• John A. DeFrancisco
• Rich Funke
• David J. Valesky

BILL NUMBER:S2305

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.

Section 2 is 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 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 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 tricked law enforcement officials into thinking he as home when really he was able to violate his curfew and leave his mother's house without the electronic monitoring equipment. He then proceeded to commit two heinous crimes: the murder of Liverpool school librarian Lori Bresnahan and the rape of a 10-year-old girl. Upon confronting them at the Great Northing Mall in Clay New York, David Renz abducted both victims, raped the young girl, and proceeded to murder Lori. Renz reportedly tampered with his monitoring bracelet at least forty-six times while he awaited

trial for charges of possession of child pornography, but none of these alerts were investigated.

By creating the crimes of tampering with electronic monitoring equipment, this bill requires law enforcement authorities to investigate evidence of such behavior. Through more acute screening of these monitoring devices, along with the criminalization of tampering with these monitors, the New York Legislature can help to prevent horrific tragedies like the murder and rape of Renz's victims.

Legislative history

2005-2006: A8281 2007-2008: A3154/S2277 2009: A3502 2011: A3357 2012: A3357 2013-2014: A9510/S5422-A

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 a law.