What's happening
This bill requires anyone subject to an order of protection to wear an electronic monitoring device, with tampering punishable as a felony.
Why it matters
Significantly expands the use of electronic monitoring. by requiring all individuals subject to an order of protection—regardless of case details—to wear a tracking device, impacting a broad range of people involved in domestic or family court matters.
Raises privacy and civil liberties concerns. since being monitored 24/7 by the state could have major implications for personal freedom, daily life, and data security, even before any criminal conviction.
Classifies tampering as a serious offense. by making any interference with the device a class E felony, which could lead to substantial prison time and a felony record for violating the monitoring requirement—adding serious legal consequences for non-compliance.
Applies immediately and retroactively. to anyone subject to an order of protection as soon as the law takes effect, meaning individuals with current orders would also be required to comply right away, not just new cases going forward.
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Who cares
Headline styles
Track Orders of Protection
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.628
- Referred to codes
- Reported and committed to rules
- 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.
Electronic Monitoring for Offenders
In Assembly Committee · Codes · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4327
2017-2018 Regular Sessions
IN SENATE
February 9, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to requiring certain individuals to wear electronic monitoring devices
Purpose
This bill requires any person against whom an order of protection is issued to be required to wear an electronic monitoring device.
Summary of provisions
Section 1. The criminal procedure law is amended by adding a new section 530.15. This requires that any person against whom an order of protection is issued, shall be required to wear an electronic tagging device. Also if an individual tampers with the device, they shall be guilty of a class El felony.
Justification
In 1999 the New York State Division of Criminal Justice Services received 55,558 police reports of family offenses involving adult inti- mate partners. In one out of five of these cases the victim knew the offender and the use of a weapon was involved. An adult female was iden- tified as the victim in 84% of cases. In a national study of more than 6,000 families, 509E of the men who frequently assaulted their wives also frequently abused their children. There are also major mental health issues, with victims often suffering from major depression and post-traumatic stress disorder. An act of domestic violence occurs every 15 seconds in the United States, more frequent than any other crime. In light of this frightening statistic legislative action is necessary to protect both women and children from such violence.
Legislative history
2013:S.4327- Referred to Rules / A.6012- Referred to Codes. 2014:S.2299- Referred to Codes / A.1913- Referred to Codes. 2013:S.2299- Referred to Codes / A.1913- Referred to Codes. 2012:S.2939- Referred to Codes / A.669 -Referred to Codes. 2011:S.2939- Referred to Codes / A.889 -Referred to Codes. 2010:S.515-Referred to Codes / A.2599 -Referred to Codes. 2009:S.515-Referred to Codes / A.2599 -Referred to Codes. 2008:S.4796- 3rd Reading Calendar / A.5424 - Referred to Codes. 2007:S.4796- Passed Senate / A.5424 - Referred to Codes. 2006:A.8163- Referred to Codes.
Fiscal implications
Minimal.
Effective date
This act shall take effect immediately and shall apply to any person against whom an order of protection is issued on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.