STATE OF NEW YORK ________________________________________________________________________ 3043 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. RA, BLANKENBUSH, BRABENEC -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure 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 Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 145.75 to 2 read as follows: 3 § 145.75 Tampering with electronic monitoring equipment. 4 1. For purposes of this section, "electronic monitoring equipment" 5 means an instrument or device utilized as a condition of a securing 6 order pursuant to article five hundred ten or five hundred thirty of the 7 criminal procedure law, or in accordance with subdivision four of 8 section 65.10 of this chapter. 9 2. A person is guilty of tampering with electronic monitoring equip- 10 ment when, having no right to do so nor any reasonable grounds to 11 believe that he or she has such right, he or she tampers with electronic 12 monitoring equipment, or damages or otherwise alters such electronic 13 monitoring equipment in an effort to interfere with any signal, impulse 14 or data being transmitted by such electronic monitoring equipment. 15 Tampering with electronic monitoring equipment is a class E felony. 16 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 17 criminal procedure law, paragraph (t) as amended and paragraph (u) as 18 added by section 2 of subpart B of part UU of chapter 56 of the laws of 19 2022, are amended and a new paragraph (v) is added to read as follows: 20 (t) any felony or class A misdemeanor involving harm to an identifi- 21 able person or property, or any charge of criminal possession of a 22 firearm as defined in section 265.01-b of the penal law, where such 23 charge arose from conduct occurring while the defendant was released on 24 his or her own recognizance, released under conditions, or had yet to be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00589-01-3
A. 3043 2 1 arraigned after the issuance of a desk appearance ticket for a separate 2 felony or class A misdemeanor involving harm to an identifiable person 3 or property, or any charge of criminal possession of a firearm as 4 defined in section 265.01-b of the penal law, provided, however, that 5 the prosecutor must show reasonable cause to believe that the defendant 6 committed the instant crime and any underlying crime. For the purposes 7 of this [subparagraph] paragraph, any of the underlying crimes need not 8 be a qualifying offense as defined in this subdivision. For the purposes 9 of this paragraph, "harm to an identifiable person or property" shall 10 include but not be limited to theft of or damage to property. However, 11 based upon a review of the facts alleged in the accusatory instrument, 12 if the court determines that such theft is negligible and does not 13 appear to be in furtherance of other criminal activity, the principal 14 shall be released on his or her own recognizance or under appropriate 15 non-monetary conditions; [or] 16 (u) criminal possession of a weapon in the third degree as defined in 17 subdivision three of section 265.02 of the penal law or criminal sale of 18 a firearm to a minor as defined in section 265.16 of the penal law[.]; 19 or 20 (v) tampering with electronic monitoring equipment as defined in 21 section 145.75 of the penal law. 22 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 23 section 530.20 of the criminal procedure law, subparagraph (xx) as 24 amended and subparagraph (xxi) as added by section 4 of subpart C of 25 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 26 agraph (xxii) is added to read as follows: 27 (xx) any felony or class A misdemeanor involving harm to an identifi- 28 able person or property, or any charge of criminal possession of a 29 firearm as defined in section 265.01-b of the penal law where such 30 charge arose from conduct occurring while the defendant was released on 31 his or her own recognizance, released under conditions, or had yet to be 32 arraigned after the issuance of a desk appearance ticket for a separate 33 felony or class A misdemeanor involving harm to an identifiable person 34 or property, provided, however, that the prosecutor must show reasonable 35 cause to believe that the defendant committed the instant crime and any 36 underlying crime. For the purposes of this subparagraph, any of the 37 underlying crimes need not be a qualifying offense as defined in this 38 subdivision. For the purposes of this paragraph, "harm to an identifi- 39 able person or property" shall include but not be limited to theft of or 40 damage to property. However, based upon a review of the facts alleged in 41 the accusatory instrument, if the court determines that such theft is 42 negligible and does not appear to be in furtherance of other criminal 43 activity, the principal shall be released on his or her own recognizance 44 or under appropriate non-monetary conditions; [or] 45 (xxi) criminal possession of a weapon in the third degree as defined 46 in subdivision three of section 265.02 of the penal law or criminal sale 47 of a firearm to a minor as defined in section 265.16 of the penal 48 law[.]; or 49 (xxii) tampering with electronic monitoring equipment as defined in 50 section 145.75 of the penal law. 51 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 52 criminal procedure law, paragraph (t) as amended and paragraph (u) as 53 added by section 4 of subpart B of part UU of chapter 56 of the laws of 54 2022, are amended and a new paragraph (v) is added to read as follows: 55 (t) any felony or class A misdemeanor involving harm to an identifi- 56 able person or property, or any charge of criminal possession of a
A. 3043 3 1 firearm as defined in section 265.01-b of the penal law, where such 2 charge arose from conduct occurring while the defendant was released on 3 his or her own recognizance, released under conditions, or had yet to be 4 arraigned after the issuance of a desk appearance ticket for a separate 5 felony or class A misdemeanor involving harm to an identifiable person 6 or property, or any charge of criminal possession of a firearm as 7 defined in section 265.01-b of the penal law, provided, however, that 8 the prosecutor must show reasonable cause to believe that the defendant 9 committed the instant crime and any underlying crime. For the purposes 10 of this [subparagraph] paragraph, any of the underlying crimes need not 11 be a qualifying offense as defined in this subdivision. For the purposes 12 of this paragraph, "harm to an identifiable person or property" shall 13 include but not be limited to theft of or damage to property. However, 14 based upon a review of the facts alleged in the accusatory instrument, 15 if the court determines that such theft is negligible and does not 16 appear to be in furtherance of other criminal activity, the principal 17 shall be released on his or her own recognizance or under appropriate 18 non-monetary conditions; [or] 19 (u) criminal possession of a weapon in the third degree as defined in 20 subdivision three of section 265.02 of the penal law or criminal sale of 21 a firearm to a minor as defined in section 265.16 of the penal law[.]; 22 or 23 (v) tampering with electronic monitoring equipment as defined in 24 section 145.75 of the penal law. 25 § 5. This act shall take effect immediately.