Bill Text: NY A06130 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 6130 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A06130 Detail]

Download: New_York-2017-A06130-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          6130
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 23, 2017
                                       ___________
        Introduced  by  M.  of A. CRESPO -- Multi-Sponsored by -- M. of A. MOYA,
          RIVERA, RODRIGUEZ -- read once and referred to the Committee 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    § 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    § 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.
                                                                   LBD07933-01-7