Bill Text: NY A09235 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to creating the New York electronic communications privacy act; relates to the search and seizure of electronic devices and electronic communications.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2016-06-08 - reported referred to rules [A09235 Detail]
Download: New_York-2015-A09235-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9235 IN ASSEMBLY February 4, 2016 ___________ Introduced by M. of A. DINOWITZ, GOTTFRIED, GALEF, GJONAJ, JOYNER, TITONE, LINARES -- Multi-Sponsored by -- M. of A. DAVILA, ENGLEBRIGHT, GLICK, RAMOS, SKARTADOS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to establishing the New York electronic communications privacy act ("NYECPA") The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new arti- 2 cle 695 to read as follows: 3 ARTICLE 695 4 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC 5 COMMUNICATIONS 6 Section 695.05 Search and seizure of electronic devices and electronic 7 communications; definitions. 8 695.10 Search and seizure of electronic devices and electronic 9 communications; in general. 10 695.15 Search and seizure of electronic devices and electronic 11 communications; in an emergency. 12 695.20 Search and seizure of electronic devices and electronic 13 communications; when evidence can be suppressed. 14 695.25 Search and seizure of electronic devices and electronic 15 communications; annual report. 16 § 695.05 Search and seizure of electronic devices and electronic commu- 17 nications; definitions. 18 As used in this article, the following definitions shall apply: 19 1. "Adverse result" means any of the following: 20 (a) danger to the life or physical safety of an individual; 21 (b) flight from prosecution; 22 (c) destruction of or tampering with evidence; 23 (d) intimidation of potential witnesses; or 24 (e) serious jeopardy to an investigation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13775-01-6