Bill Text: NY A02159 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires the issuance of a warrant for the use of electronic tracking devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A02159 Detail]

Download: New_York-2011-A02159-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2159
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2011
                                      ___________
       Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the criminal procedure law, in relation to requiring the
         issuance of a warrant for the use of electronic tracking devices
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 700.05 of the  criminal  procedure
    2  law,  as  amended by chapter 744 of the laws of 1988, is amended to read
    3  as follows:
    4    1. "Eavesdropping" means  "wiretapping",  "mechanical  overhearing  of
    5  conversation[,"  or  the] ", "intercepting or accessing of an electronic
    6  communication", as those terms are defined  in  section  250.00  of  the
    7  penal  law,  OR  THE  USE OF AN ELECTRONIC TRACKING DEVICE, but does not
    8  include the use of a pen register or trap and trace device when  author-
    9  ized pursuant to article [705] SEVEN HUNDRED FIVE of this chapter.
   10    S 2. Section 700.05 of the criminal procedure law is amended by adding
   11  a new subdivision 1-a to read as follows:
   12    1-A.  "ELECTRONIC  TRACKING  DEVICE" MEANS AN ELECTRONIC OR MECHANICAL
   13  DEVICE WHICH PERMITS THE TRACKING OF THE MOVEMENT OF A PERSON  OR  THING
   14  BY MEANS OF A GLOBAL POSITIONING SYSTEM OR BY ANY OTHER MEANS.
   15    S  3.  This  act shall take effect on the thirtieth day after it shall
   16  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04623-01-1