Bill Text: NY A09235 | 2015-2016 | General Assembly | Introduced

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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

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                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