BILL NUMBER: S7299
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the penal law and the criminal procedure law, in
relation to creating the crime of tampering with electronic monitoring
equipment
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill will make it a Class E felony, as well as a qualifying offense
for bail or remand, to tamper with an electronic monitoring device that
has been placed on an individual as an instrument for securing order.
 
SUMMARY OF PROVISIONS:
Section one of the bill establishes a new offense under Article 145
(Criminal Mischief and Related Offenses) of the Penal Law. Tampering
with electronic monitoring equipment - used pursuant to the criminal
procedure law as an instrument for securing order - will be a class E
felony.
Section two adds this new offense to the list of qualifying offenses
under Section 510.10 subdivision 4 of the Criminal Procedure Law.
Section three also adds this new offense to the list of qualifying
offenses in local criminal courts under Section 530.20 subdivision 1 of
the Criminal Procedure Law:
Section four additionally adds this new offense to the list of qualify-
ing offenses in superior court under Section 530.40 subdivision 4 of the
Criminal Procedure Law.
Section five establishes an immediate effective date.
 
JUSTIFICATION:
With recently enacted bail reform now taking shape in our courtrooms
across the State, has become clear that there is still a cadre of indi-
viduals who will circumvent court appearances at all costs. Electronic
monitoring devices have exploded in popularity as they are often now
being chosen as the least restrictive, non-monetary method for ensuring
a defendant's arrival to court after arrest and arraignment.
Creating a new class E felony of tampering with said devices, while also
making that felony a qualifying offense for bail or remand, will ensure
that this instrument for securing order remains effective for getting
defendants to court when so ordered. A fair effective manner for holding
those who skip court responsible, while not punishing those who are
showing up and taking advantage of the new laws as intended, is critical
to the success of these new pre-trial procedures.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S.68/A.3043 Referred to Codes
2021-22: S.8304/A.4418 Referred to Codes
2020: A.9820 referred to codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.