HB1745
To Create The Offense Of Unlawful Removal Or Failure To Charge An Electronic Monitoring Device.
Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment
Sponsors
AI-Generated Summary
House Bill 1745 establishes the criminal offense of 'unlawful removal or failure to charge an electronic monitoring device' for individuals ordered to wear such devices as a condition of probation, parole, or pre-trial release. Under the bill, it is a crime to knowingly remove the device or to fail to charge it in a way that prevents tracking or monitoring. The classification of the offense varies depending on whether the individual is on probation/parole or pre-trial release, and correlates with the severity level of the original underlying criminal charge. The bill specifies that penalties can range from misdemeanors to felonies. Furthermore, if a person is convicted of this offense, the court must order them to pay restitution for any resulting repair, replacement, or loss of the electronic monitoring equipment.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill include law enforcement agencies, the court system, and the Department of Corrections, as the legislation provides clearer legal authority to penalize individuals who tamper with or fail to maintain mandatory monitoring equipment. It may also benefit public safety by potentially increasing compliance with electronic monitoring terms and ensuring that individuals under supervision or pre-trial release remain trackable.
Who Might Suffer?
The individuals most negatively impacted by this bill are those currently under electronic monitoring as a condition of their parole, probation, or pre-trial release. This includes defendants who may lack consistent access to electricity or stable housing, which could make the requirement to keep a device charged logistically difficult. These individuals face the risk of additional criminal charges, potential felony convictions, and financial liability for the restitution of equipment, which could further complicate their reintegration or legal status.
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