New York S 7299: Requires individuals arrested in connection with a felony to submit a DNA sample

Bill Text

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S07299 Summary:

BILL NOS07299 

&nbsp

SAME ASSAME AS A02415

&nbsp

SPONSORGALLIVAN

&nbsp

COSPNSRBORRELLO, OBERACKER, RHOADS

&nbsp

MLTSPNSR

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Add §145.75, Pen L; amd §§510.10, 530.20 & 530.40, CP L

&nbsp

Creates the crime of tampering with electronic monitoring equipment; makes such crime a class E felony.

Go to top S07299 Actions:

BILL NOS07299 

&nbsp

04/09/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS07299 Committee&nbspVotes:

Go to topS07299 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07299 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7299

 2025-2026 Regular Sessions

 IN SENATE

 April 9, 2025
 ___________

 Introduced by Sens. GALLIVAN, BORRELLO, OBERACKER, RHOADS -- read twice
 and ordered printed, and when printed to be committed 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 such person has such right, such person tampers with elec-
 12 tronic monitoring equipment, or damages or otherwise alters such elec-
 13 tronic monitoring equipment in an effort to interfere with any signal,
 14 impulse or data being transmitted by such electronic monitoring equip-
 15 ment.
 16 Tampering with electronic monitoring equipment is a class E felony.
 17 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 18 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 19 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 20 2022, are amended and a new paragraph (v) is added to read as follows:
 21 (t) any felony or class A misdemeanor involving harm to an identifi-
 22 able person or property, or any charge of criminal possession of a
 23 firearm as defined in section 265.01-b of the penal law, where such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05631-01-5

 S. 7299 2

 1 charge arose from conduct occurring while the defendant was released on
 2 [his or her] such defendant's own recognizance, released under condi-
 3 tions, or had yet to be arraigned after the issuance of a desk appear-
 4 ance ticket for a separate felony or class A misdemeanor involving harm
 5 to an identifiable person or property, or any charge of criminal
 6 possession of a firearm as defined in section 265.01-b of the penal law,
 7 provided, however, that the prosecutor must show reasonable cause to
 8 believe that the defendant committed the instant crime and any underly-
 9 ing crime. For the purposes of this [subparagraph] paragraph, any of the
 10 underlying crimes need not be a qualifying offense as defined in this
 11 subdivision. For the purposes of this paragraph, "harm to an identifi-
 12 able person or property" shall include but not be limited to theft of or
 13 damage to property. However, based upon a review of the facts alleged in
 14 the accusatory instrument, if the court determines that such theft is
 15 negligible and does not appear to be in furtherance of other criminal
 16 activity, the principal shall be released on [his or her] such princi-
 17 pal's own recognizance or under appropriate non-monetary conditions;
 18 [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) ta