What's happening
This bill requires anyone with an order of protection against them to wear an electronic monitoring device, making tampering a felony.
Why it matters
Expands Surveillance on Individuals with Orders of Protection. By mandating electronic monitoring for anyone subject to an order of protection, the bill significantly increases state surveillance over a much larger group of people—many of whom may not have been convicted of a crime, but are under civil protective orders.
Potential Impact on Civil Liberties and Privacy. The requirement means that individuals, regardless of the circumstances or severity of the underlying conduct, will have their real-time movements tracked. This could raise concerns about privacy rights and the proportionality of government oversight in civil, not just criminal, matters.
Felony Consequences for Tampering. Making any tampering with the device—including attempts to remove, disable, or interfere with it—a class E felony introduces serious criminal penalties. This could have lasting impacts on individuals’ criminal records and future prospects, even if the original order of protection was not related to a criminal conviction.
Immediate and Broad Application. The law would apply to all new and existing orders of protection from the moment it takes effect, potentially overwhelming monitoring agencies and affecting a large number of people at once, including those previously not subject to such restrictions.
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Who cares
Headline styles
Electronic Monitoring for Offenders
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Track Orders of Protection
In Senate Committee · Rules · Sponsor Andrew J. Lanza
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6012
2017-2018 Regular Sessions
IN ASSEMBLY
February 21, 2017
Introduced by M. of A. ORTIZ, GALEF, ENGLEBRIGHT, RIVERA, HOOPER, JAFFEE, M. G. MILLER -- Multi-Sponsored by -- M. of A. McDONOUGH, PERRY -- read once and referred 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 Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 530.15 to read as follows: § 530.15 Wearing of electronic tagging devices.
1. Any person against whom an order of protection is issued pursuant to this article shall be required to wear an electronic monitoring device. For purposes of this section, "electronic monitoring 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 shall not tamper with his or her electronic monitoring device in any way, nor may they allow another person to tamper with such device. Any person who tampers with an electronic monitoring device shall be guilty of a class E felony.
§ 2. This act shall take effect immediately and shall apply to any person against whom an order of protection has been issued on or after the effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09784-01-7
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.