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A4458Assembly2017-2018 Session

Track Sex Offenders Electronically

Official title

“Requires registered sex offenders to wear an electronic tagging device”

Status
In Assembly Committee
Correction
Impact
8/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Correction

What's happening

This bill requires all registered sex offenders in New York to wear electronic tracking devices and makes tampering a felony.

Why it matters

  1. Mandates real-time location tracking. for all registered sex offenders, meaning authorities can continuously monitor their movements, which could deter future offenses but also raises significant privacy and civil liberties concerns for those who have already served their sentences.

  2. Applies retroactively and broadly. , affecting not just new registrants but anyone currently required to register, potentially disrupting the lives of individuals who have already reintegrated into communities and complied with prior legal requirements.

  3. Criminalizes tampering with tracking devices. by making it a class E felony, which increases the legal risks and penalties for any interference, potentially resulting in additional incarceration for non-compliance or accidental device issues.

  4. Signals a shift toward surveillance-based policy. in managing sex offenders, prioritizing public safety and monitoring over rehabilitation, and setting a precedent for the use of electronic monitoring in other areas of criminal justice.

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Who cares

  • Watching

    Registered sex offenders

    The bill would require anyone required to register under article 6-C of the Correction Law to wear an electronic device enabling location monitoring or tracking.

  • Electronic monitoring device providers

    The bill would mandate use of the type of location-tracking devices they supply, without specifying who would provide or pay for them.

  • Prosecutors and criminal defense attorneys

    The bill would make tampering with an electronic tagging device a class E felony and prohibit wearers from allowing others to tamper with it.

Headline styles

Track Sex Offenders Electronically

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Felix Ortiz

Assembly Member · Assembly District 51

1 Co-sponsor

History

  1. Referred to correction
  2. Referred to correction

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4458

2017-2018 Regular Sessions

IN ASSEMBLY

February 2, 2017

Introduced by M. of A. ORTIZ, BRINDISI -- read once and referred to the Committee on Correction

AN ACT to amend the correction law, in relation to requiring registered sex offenders to wear electronic tagging devices

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows:

§ 168-w. Wearing of electronic tagging devices. 1. Any person who is required to register pursuant to this article shall also be required to wear an electronic tagging device. For purposes of this section, an electronic tagging device means a device, worn by an individual, that transmits a signal and enables another person or entity to monitor, track, and/or pinpoint the location of the individual wearing the device through the reception of that signal.

2. An individual may not tamper with his or her electronic tagging device in any way, nor may they allow another person to tamper with such device. A person who is caught tampering with an electronic tagging device shall be guilty of a class E felony.

§ 2. This act shall take effect immediately and shall apply to any person who is required to register pursuant to article 6-C of the correction law on or after such effective date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08964-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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