Bill Text: NY A04877 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes a crime for unlawful surveillance through the use of GPS or similar technology.
Spectrum: Partisan Bill (Democrat 42-0)
Status: (Introduced - Dead) 2016-01-06 - referred to codes [A04877 Detail]
Download: New_York-2015-A04877-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4877 2015-2016 Regular Sessions I N A S S E M B L Y February 9, 2015 ___________ Introduced by M. of A. NOLAN, AUBRY, BENEDETTO, BLAKE, BRENNAN, BRINDI- SI, CAHILL, CLARK, COLTON, COOK, CRESPO, CUSICK, DINOWITZ, FAHY, FARRELL, GALEF, GANTT, GLICK, GOTTFRIED, GUNTHER, HEVESI, JAFFEE, JOYNER, LUPARDO, MILLER, MOSLEY, O'DONNELL, PAULIN, PICHARDO, ROSEN- THAL, SCHIMMINGER, SIMON, STIRPE, WOERNER, ZEBROWSKI -- Multi-Spon- sored by -- M. of A. BARRON, BROOK-KRASNY, BUCHWALD, HIKIND -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the civil rights law, in relation to the unlawful surveillance of an individual using GPS or similar tech- nology 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 250.75 to 2 read as follows: 3 S 250.75 UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING SYSTEM OR SIMILAR 4 TECHNOLOGY. 5 1. A PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING 6 SYSTEM OR SIMILAR TECHNOLOGY WHEN: 7 (A) WITHOUT THE KNOWLEDGE OR CONSENT OF THE AUTHORIZED OPERATOR OF A 8 MOTOR VEHICLE AND WITH INTENT TO MONITOR OR DETERMINE THE LOCATION OF A 9 MOTOR VEHICLE, HE OR SHE INTENTIONALLY PLACES IN OR ON SUCH VEHICLE A 10 GLOBAL POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE AND THEREBY MONITORS 11 OR DETERMINES THE LOCATION OF SUCH MOTOR VEHICLE, UNDER CIRCUMSTANCES 12 WHERE SUCH AUTHORIZED OPERATOR HAS A REASONABLE EXPECTATION OF THE 13 PRIVACY OF SUCH INFORMATION. FOR PURPOSES OF THIS PARAGRAPH AND SUBDIVI- 14 SION THREE OF THIS SECTION, A "REASONABLE EXPECTATION OF PRIVACY" IS NOT 15 EXTINGUISHED BY THE MERE PRESENCE OF A MOTOR VEHICLE IN A PUBLIC PLACE; 16 OR 17 (B) WITHOUT THE KNOWLEDGE OR CONSENT OF A PERSON AND WITH INTENT TO 18 MONITOR OR DETERMINE THE LOCATION OF A PERSON, HE OR SHE INTENTIONALLY 19 PLACES ON THE BODY OF SUCH PERSON OR ON THE PERSONAL PROPERTY OF SUCH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03847-01-5 A. 4877 2 1 PERSON A GLOBAL POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE, AND THEREBY 2 MONITORS OR DETERMINES THE LOCATION OF SUCH PERSON. 3 2. (A) THIS SECTION SHALL NOT APPLY TO CONDUCT BY A LAW ENFORCEMENT 4 OFFICIAL PURSUANT TO A WARRANT ISSUED BY AN AUTHORIZED COURT OR THAT IS 5 AUTHORIZED BY LAWFUL EXCEPTION TO THE WARRANT REQUIREMENT. 6 (B) PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY 7 TO A PERSON WHO IS AN OWNER OF THE VEHICLE IN OR ON WHICH THE DEVICE WAS 8 PLACED, WHEN THE OPERATOR OF SUCH VEHICLE IS THE MINOR CHILD OF SUCH 9 OWNER. 10 3. IT SHALL BE A DEFENSE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF 11 THIS SECTION THAT, UNDER THE CIRCUMSTANCES, THE DEFENDANT ENGAGED IN 12 SUCH CONDUCT FOR A LEGITIMATE PURPOSE AND SUCH AUTHORIZED OPERATOR'S 13 REASONABLE EXPECTATION OF PRIVACY WAS MINIMAL. 14 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH OR ENLARGE 15 ANY POWER OF THE COURTS, OR ANY AUTHORITY OF LAW ENFORCEMENT PERSONNEL 16 ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES, WITH RESPECT TO THE 17 CONDUCT DESCRIBED IN THIS SECTION. 18 UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING SYSTEM OR SIMILAR TECHNOL- 19 OGY IS A CLASS B MISDEMEANOR. 20 S 2. The civil rights law is amended by adding a new section 50-f to 21 read as follows: 22 S 50-F. UNAUTHORIZED SURVEILLANCE BY GLOBAL POSITIONING SYSTEM OR 23 SIMILAR TECHNOLOGY. 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS 24 SECTION, ANY PERSON WHO: 25 (A) WITHOUT THE KNOWLEDGE OR CONSENT OF THE AUTHORIZED OPERATOR OF A 26 MOTOR VEHICLE AND WITH INTENT TO MONITOR OR DETERMINE THE LOCATION OF A 27 MOTOR VEHICLE, INTENTIONALLY PLACES IN OR ON SUCH VEHICLE A GLOBAL POSI- 28 TIONING SYSTEM DEVICE OR SIMILAR DEVICE AND THEREBY MONITORS OR DETER- 29 MINES THE LOCATION OF SUCH MOTOR VEHICLE, UNDER CIRCUMSTANCES WHERE SUCH 30 AUTHORIZED OPERATOR HAS A REASONABLE EXPECTATION OF THE PRIVACY OF SUCH 31 INFORMATION; OR 32 (B) WITHOUT THE KNOWLEDGE OR CONSENT OF A PERSON AND WITH INTENT TO 33 MONITOR OR DETERMINE THE LOCATION OF A PERSON, HE OR SHE INTENTIONALLY 34 PLACES ON THE BODY OF SUCH PERSON OR ON THE PERSONAL PROPERTY OF SUCH 35 PERSON A GLOBAL POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE, AND THEREBY 36 MONITORS OR DETERMINES THE LOCATION OF SUCH PERSON; MAY BE LIABLE, IN A 37 CIVIL CAUSE OF ACTION, FOR COMPENSATORY DAMAGES, IF ANY, AS WELL AS 38 EXEMPLARY DAMAGES. THE COURT MAY ALSO AWARD REASONABLE COSTS AND ATTOR- 39 NEYS FEES TO A PREVAILING PLAINTIFF. FOR PURPOSES OF PARAGRAPH (A) OF 40 THIS SUBDIVISION AND PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, A 41 "REASONABLE EXPECTATION OF PRIVACY" IS NOT EXTINGUISHED BY THE MERE 42 PRESENCE OF A MOTOR VEHICLE IN A PUBLIC PLACE. 43 2. (A) THIS SECTION SHALL NOT APPLY TO CONDUCT BY A LAW ENFORCEMENT 44 OFFICIAL PURSUANT TO A WARRANT ISSUED BY AN AUTHORIZED COURT OR THAT IS 45 AUTHORIZED BY LAWFUL EXCEPTION TO THE WARRANT REQUIREMENT. 46 (B) PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY: 47 (I) TO A PERSON WHO IS AN OWNER OF THE VEHICLE ON WHICH THE DEVICE WAS 48 PLACED, WHEN THE OPERATOR OF SUCH VEHICLE IS THE MINOR CHILD OF SUCH 49 OWNER; OR (II) WHEN, UNDER THE CIRCUMSTANCES, THE ACTOR ENGAGED IN SUCH 50 CONDUCT FOR A LEGITIMATE PURPOSE AND SUCH AUTHORIZED OPERATOR'S REASON- 51 ABLE EXPECTATION OF PRIVACY WAS MINIMAL. 52 3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH ANY POWER OF 53 THE COURTS, OR TO DIMINISH OR ENLARGE ANY AUTHORITY OF LAW ENFORCEMENT 54 PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES, WITH 55 RESPECT TO THE CONDUCT DESCRIBED IN THIS SECTION. A. 4877 3 1 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABRIDGE OR LIMIT ANY 2 OTHER RIGHT OR REMEDY AN AGGRIEVED PERSON MAY HAVE UNDER ANY OTHER 3 PROVISION OF LAW. 4 S 3. This act shall take effect on the ninetieth day after it shall 5 have become a law.