What's happening
This bill creates criminal offenses for tampering with electronic monitoring equipment, including increased penalties if committed alongside a serious felony.
Why it matters
Expands legal consequences for tampering with ankle bracelets and other court-ordered electronic monitoring devices. , making it a criminal offense even if no other crime is committed, which could deter attempts to escape supervision.
Creates a tiered system of penalties. , making simple tampering a class A misdemeanor, but escalating to a class E felony if done in connection with a serious (class A or B) felony—meaning harsher consequences for those attempting to evade monitoring while committing more severe crimes.
Requires that felony-level sentences for tampering run consecutively. to sentences for the related serious felony, ensuring additional, non-overlapping prison time, which could significantly increase the overall punishment for offenders who tamper during the commission of major crimes.
Signals increased legislative attention to the integrity of electronic monitoring as an alternative to incarceration. , reflecting concerns about public safety and the effectiveness of such supervision programs.
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Who cares
People subject to electronic monitoring
Unauthorized tampering with covered equipment would become a class A misdemeanor, rising to a class E felony when a class A or B felony is also committed as part of the tampering.
Prosecutors and defense attorneys
The bill would create two new charges covering tampering with equipment used under Penal Law section 65.10(4), including damage or alteration intended to interfere with transmitted signals or data.
Criminal court judges
A conviction for first-degree tampering would require a sentence consecutive to any sentence imposed for the accompanying class A or B felony.
Headline styles
Outlaw Tampering with Ankle Monitors
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
3 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.
Criminalize Electronic Monitor Tampering
In Senate Committee · Codes · Sponsor Patty Ritchie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1533
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. MAGNARELLI, STIRPE, STECK, OTIS, ABBATE, GUNTHER, BLAKE, MOSLEY, PICHARDO, ENGLEBRIGHT, JAFFEE -- Multi-Sponsored by -- M. of A. COOK, HEVESI, SIMON -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of tampering with electronic monitoring equipment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding two new sections 145.75 and 145.80 to read as follows: § 145.75 Tampering with electronic monitoring equipment in the second
degree.
1. For purposes of this section, "electronic monitoring equipment" means an instrument or device utilized in accordance with subdivision four of section 65.10 of this chapter.
2. A person is guilty of tampering with electronic monitoring equipment in the second degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she tampers with electronic monitoring equipment, or damages or otherwise alters such electronic monitoring equipment in an effort to interfere with any signal, impulse or data being transmitted by such electronic monitoring equipment.
Tampering with electronic monitoring equipment in the second degree is a class A misdemeanor. § 145.80 Tampering with electronic monitoring equipment in the first
degree.
1. A person is guilty of tampering with electronic monitoring equipment in the first degree when, as part of committing tampering with electronic monitoring equipment in the second degree as defined in section 145.75 of this article, the person also commits a crime that is classified as a class A or class B felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00093-01-9
A. 1533 2
2. When a person is convicted of tampering with electronic monitoring equipment in the first degree, the court shall impose a sentence for this crime to run consecutive to any sentence imposed for a conviction for the class A or class B felony that was also committed.
Tampering with electronic monitoring equipment in the first degree is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.