(a) As used in this section:(1) “Electronic monitoring device” means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that is able to track a person's location and monitor his or her location; and(2) “Pending charge” means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of an information or indictment, and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi.
(1) “Electronic monitoring device” means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that is able to track a person's location and monitor his or her location; and
(2) “Pending charge” means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of an information or indictment, and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi.
(b) A person commits unlawful removal or failure to charge an electronic monitoring device if, being ordered to wear an electronic monitoring device as a condition of probation, parole, post-release supervision, or release on a pending charge or disposition of a charge:(1) The person knowingly removes the electronic monitoring device from his or her body; or(2) The person knowingly fails to properly charge the electronic monitoring device and the failure to properly charge the electronic monitoring device prevents the electronic monitoring device from tracking or monitoring the person's location.
(1) The person knowingly removes the electronic monitoring device from his or her body; or
(2) The person knowingly fails to properly charge the electronic monitoring device and the failure to properly charge the electronic monitoring device prevents the electronic monitoring device from tracking or monitoring the person's location.
(c) It is a defense to prosecution under this section that the:(1) Removal of the electronic monitoring device or failure to charge the electronic monitoring device was due to an emergency condition or unforeseen circumstance; and(2) Defendant acted as a reasonable person in the defendant's position would act.
(1) Removal of the electronic monitoring device or failure to charge the electronic monitoring device was due to an emergency condition or unforeseen circumstance; and
(2) Defendant acted as a reasonable person in the defendant's position would act.
(d) Unlawful removal or failure to charge an electronic monitoring device is a Class A misdemeanor.
(e) Upon conviction for unlawful removal or failure to charge an electronic monitoring device, a defendant shall be ordered to pay restitution for the cost of repair or replacement of the electronic monitoring device if the electronic monitoring device was damaged, lost, or destroyed.