What's happening
This bill creates misdemeanor and felony crimes for tampering with electronic monitoring equipment.
Why it matters
Statewide penalties. Unauthorized tampering with covered monitoring equipment would become a class A misdemeanor, including damage or alteration intended to interfere with transmissions.
Felony escalation. Tampering that also involves committing a class A or class B felony would become a separate class E felony.
Consecutive sentences. Courts would have to make the first-degree tampering sentence run consecutively to any sentence for the accompanying class A or B felony.
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Who cares
People using electronic monitoring equipment
Unauthorized interference with covered devices would expose them to new criminal charges.
- Watching
Prosecutors
The bill would create two specific offenses for charging tampering with covered monitoring equipment.
Criminal court judges
The bill would require consecutive sentencing for first-degree tampering and the accompanying class A or B felony.
Defense attorneys
They would need to address the new charges and mandatory consecutive sentencing when representing affected defendants.
Headline styles
Criminalize Electronic Monitor Tampering
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Outlaw Tampering with Ankle Monitors
In Assembly Committee · Codes · Sponsor William Magnarelli
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1212
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed 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.
2. When a person is convicted of tampering with electronic monitoring equipment in the first degree, the court shall impose a sentence for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00093-01-9
S. 1212 2
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.
Sponsor's memo
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 other- wise alter electronic monitoring equipment utilized in accordance with subdivision 4 of section 65.10 of the penal law in an attempt to inter- fere with any signal, impulse or data to being transmitted by such elec- tronic 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 electron- ic 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 moni- toring equipment in the first degree. Tampering with electronic equip- ment in the first degree occurs when an individual is guilty of tamper- ing 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 equip- ment, this bill requires law enforcement authorities to investigate evidence of such behavior. Through more acute screening of these moni- toring devices, along with the criminalization of tampering with these monitors, the New York Legislature can help to prevent horrific trage- dies like the murder and rape of Renz's victims.
Legislative history
2017-2018: S.759/A.1676
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.