STATE OF NEW YORK
        ________________________________________________________________________
                                          1676
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced by M. of A. MAGNARELLI, STIRPE, STECK, OTIS, ABBATE, GUNTHER,
          BLAKE,  MOSLEY,  PICHARDO,  ENGLEBRIGHT, HOOPER, JAFFEE -- Multi-Spon-
          sored by -- M. of A. COOK, HEVESI,  MAGEE,  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  Assem-
        bly, do enact as follows:
     1    Section  1. The penal law is amended by adding two new sections 145.75
     2  and 145.80 to read as follows:
     3  § 145.75 Tampering with electronic monitoring equipment  in  the  second
     4             degree.
     5    1.  For  purposes  of  this section, "electronic monitoring equipment"
     6  means an instrument or device utilized in  accordance  with  subdivision
     7  four of section 65.10 of this chapter.
     8    2.  A  person is guilty of tampering with electronic monitoring equip-
     9  ment in the second degree when, having no right to do so nor any reason-
    10  able ground to believe that he or she has such right, he or she  tampers
    11  with  electronic  monitoring  equipment,  or damages or otherwise alters
    12  such electronic monitoring equipment in an effort to interfere with  any
    13  signal,  impulse or data being transmitted by such electronic monitoring
    14  equipment.
    15    Tampering with electronic monitoring equipment in the second degree is
    16  a class A misdemeanor.
    17  § 145.80 Tampering with electronic monitoring  equipment  in  the  first
    18             degree.
    19    1.  A  person is guilty of tampering with electronic monitoring equip-
    20  ment in the first degree when, as  part  of  committing  tampering  with
    21  electronic  monitoring  equipment  in  the  second  degree as defined in
    22  section 145.75 of this article, the person also commits a crime that  is
    23  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.
                                                                   LBD00562-01-7
        A. 1676                             2
     1    2.  When a person is convicted of tampering with electronic monitoring
     2  equipment in the first degree, the court shall  impose  a  sentence  for
     3  this  crime  to run consecutive to any sentence imposed for a conviction
     4  for the class A or class B felony that was also committed.
     5    Tampering  with electronic monitoring equipment in the first degree is
     6  a class E felony.
     7    § 2. This act shall take effect on the first of November next succeed-
     8  ing the date on which it shall have become a law.