Bill Text: NY A07720 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to unlawful surveillance with the use of a GPS device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-23 - signed chap.184 [A07720 Detail]

Download: New_York-2013-A07720-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7720
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 31, 2013
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to unlawful surveillance with
         the use of a GPS device
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 250.45 of the penal law is amended by adding a new
    2  subdivision 5 to read as follows:
    3    5. (A) WITHOUT THE CONSENT OF A PERSON HE OR  SHE  USES,  INSTALLS  OR
    4  PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE
    5  WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON.
    6    (B)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL
    7  USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY.
    8    (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE"
    9  MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR  MOVEMENT  BY  THE  TRANS-
   10  MISSION OF ELECTRONIC SIGNALS.
   11    S  2.   The penal law is amended by adding a new section 35.26 to read
   12  as follows:
   13  S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE.
   14    THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION  OR
   15  MOVEMENT  OF  A  PERSON  WHICH  WOULD OTHERWISE CONSTITUTE AN OFFENSE IS
   16  JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT,  GUARDIAN  OR  OTHER  PERSON
   17  ENTRUSTED  WITH  THE  CARE  AND SUPERVISION OF A PERSON UNDER THE AGE OF
   18  TWENTY-ONE OR AN INCOMPETENT PERSON, MAY  USE,  INSTALL  OR  PERMIT  THE
   19  UTILIZATION  OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN, AND
   20  TO THE EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY  TO  MAIN-
   21  TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON.
   22    S  3.  This  act shall take effect on the ninetieth day after it shall
   23  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05409-03-3