Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 23, 2014 |
signed chap.184 |
Jul 11, 2014 |
delivered to governor |
May 28, 2014 |
returned to assembly passed senate 3rd reading cal.471 substituted for s4187c |
May 28, 2014 |
substituted by a7720b |
May 05, 2014 |
advanced to third reading |
Apr 30, 2014 |
2nd report cal. |
Apr 29, 2014 |
1st report cal.471 |
Apr 04, 2014 |
print number 4187c |
Apr 04, 2014 |
amend (t) and recommit to codes |
Jan 08, 2014 |
referred to codes |
Jun 21, 2013 |
committed to rules |
Jun 17, 2013 |
amended on third reading 4187b |
Jun 05, 2013 |
amended on third reading 4187a |
Jun 03, 2013 |
advanced to third reading |
May 30, 2013 |
2nd report cal. |
May 29, 2013 |
1st report cal.780 |
Mar 13, 2013 |
referred to codes |
Senate Bill S4187C
Signed By Governor2013-2014 Legislative Session
Sponsored By
(D, WF) 63rd Senate District
Archive: Last Bill Status Via A7720 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, IP) Senate District
(R, C, IP) Senate District
2013-S4187 - Details
- See Assembly Version of this Bill:
- A7720
- Law Section:
- Penal Law
- Laws Affected:
- Amd §120.45, Pen L
2013-S4187 - Sponsor Memo
BILL NUMBER:S4187 TITLE OF BILL: An act to amend the penal law, in relation to unlawful surveillance with the use of a GPS device PURPOSE OR GENERAL IDEA OF THE BILL: To amend the penal code to make it unlawful to install or use an electronic tracking device to track the movement of a person without their consent. SUMMARY OF SPECIFIC PROVISIONS: Section adds Subdivision 5a to 250.45 of the penal law to make unlawful the installation or use of electronic tracking devices without consent to determine location or movement of a person. Section 5b exempts lawful use of tracking devices by law enforcement personnel. Section 5c defines "electronic tracking device" as any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals. Subsection 35.26 allows for parents, guardians or other custodians of persons under twenty-one or other incompetent persons to install or
2013-S4187 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4187 2013-2014 Regular Sessions I N S E N A T E March 13, 2013 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed 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: Section 1. Section 250.45 of the penal law is amended by adding a new subdivision 5 to read as follows: 5. (A) WITHOUT THE CONSENT OF A PERSON HE OR SHE USES, INSTALLS OR PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON. (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY. (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE" MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR MOVEMENT BY THE TRANS- MISSION OF ELECTRONIC SIGNALS. S 2. The penal law is amended by adding a new section 35.26 to read as follows: S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE. THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON WHICH WOULD OTHERWISE CONSTITUTE AN OFFENSE IS JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT, GUARDIAN OR OTHER PERSON ENTRUSTED WITH THE CARE AND SUPERVISION OF A PERSON UNDER THE AGE OF TWENTY-ONE OR AN INCOMPETENT PERSON, MAY USE, INSTALL OR PERMIT THE UTILIZATION OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN, AND TO THE EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY TO MAIN- TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON. S 3. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05409-03-3
co-Sponsors
(D, WF) Senate District
(R, C, IP) Senate District
(D, WF) 46th Senate District
(D, WF) Senate District
2013-S4187A - Details
- See Assembly Version of this Bill:
- A7720
- Law Section:
- Penal Law
- Laws Affected:
- Amd §120.45, Pen L
2013-S4187A - Sponsor Memo
BILL NUMBER:S4187A TITLE OF BILL: An act to amend the penal law, in relation to unlawful surveillance with the use of a GPS device PURPOSE OR GENERAL IDEA OF THE BILL: To amend the penal code to make it unlawful to install or use an electronic tracking device to track the movement of a person without their consent. SUMMARY OF SPECIFIC PROVISIONS: Section adds Subdivision 5a to 250.45 of the penal law to make unlawful the installation or use of electronic tracking devices without consent to determine location or movement of a person. Section 5b exempts lawful use of tracking devices by law enforcement personnel. Section 5c defines "electronic tracking device" as any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals. Subsection 35.26 allows for parents, guardians or other custodians of persons under twenty-one or other incompetent persons to install or
2013-S4187A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4187--A Cal. No. 780 2013-2014 Regular Sessions I N S E N A T E March 13, 2013 ___________ Introduced by Sens. KENNEDY, GRISANTI, NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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: Section 1. This act shall be known and may be cited as "Jackie's Law". S 2. Section 250.45 of the penal law is amended by adding a new subdi- vision 5 to read as follows: 5. (A) WITHOUT THE CONSENT OF A PERSON HE OR SHE USES, INSTALLS OR PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON. (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY. (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE" MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR MOVEMENT BY THE TRANS- MISSION OF ELECTRONIC SIGNALS. S 3. The penal law is amended by adding a new section 35.26 to read as follows: S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE. THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON WHICH WOULD OTHERWISE CONSTITUTE AN OFFENSE IS JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT, GUARDIAN OR OTHER PERSON ENTRUSTED WITH THE CARE AND SUPERVISION OF A PERSON UNDER THE AGE OF TWENTY-ONE OR AN INCOMPETENT PERSON, MAY USE, INSTALL OR PERMIT THE UTILIZATION OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN, AND TO THE EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY TO MAIN- TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(R, C, IP) Senate District
(D, WF) 46th Senate District
(D, WF) Senate District
(R, C, IP) Senate District
2013-S4187B - Details
- See Assembly Version of this Bill:
- A7720
- Law Section:
- Penal Law
- Laws Affected:
- Amd §120.45, Pen L
2013-S4187B - Sponsor Memo
BILL NUMBER:S4187B TITLE OF BILL: An act to amend the penal law, in relation to unlawful surveillance with the use of a GPS device PURPOSE OR GENERAL IDEA OF THE BILL: To amend the penal code to make it unlawful to install or use an electronic tracking device to track the movement of a person without their consent. SUMMARY OF SPECIFIC PROVISIONS: Section adds Subdivision 5a to 250.45 of the penal law to make unlawful the installation or use of electronic tracking devices without consent to determine location or movement of a person. Section 5b exempts lawful use of tracking devices by law enforcement personnel. Section 5c defines "electronic tracking device" as any device attached to a vehicle Or other movable thing that reveals its location or movement by the transmission of electronic signals. Subsection 35.26 allows for parents, guardians or other custodians of persons under twenty-one or other incompetent persons to install or permit the use of electronic devices in order to maintain discipline or promote the welfare of such persons. Other uses of these devices
2013-S4187B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4187--B Cal. No. 780 2013-2014 Regular Sessions I N S E N A T E March 13, 2013 ___________ Introduced by Sens. KENNEDY, ADAMS, BALL, BRESLIN, ESPAILLAT, FLANAGAN, GRISANTI, KRUEGER, MAZIARZ, NOZZOLIO, PARKER, TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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: Section 1. This act shall be known and may be cited as "Jackie's Law". S 2. Section 250.45 of the penal law is amended by adding a new subdi- vision 5 to read as follows: 5. (A) WITHOUT THE CONSENT OF A PERSON HE OR SHE USES, INSTALLS OR PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON AND WITH THE PURPOSE OF COMMITTING A CRIME OR AN OFFENSE AGAINST SUCH PERSON OR WITH THE INTENT TO HARASS, ALARM OR INTIMIDATE SUCH PERSON. (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY. (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE" MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR MOVEMENT BY THE TRANS- MISSION OF ELECTRONIC SIGNALS. S 3. The penal law is amended by adding a new section 35.26 to read as follows: S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE. THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON WHICH WOULD OTHERWISE CONSTITUTE AN OFFENSE IS JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT, GUARDIAN OR OTHER PERSON EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(R, C, IP) Senate District
(D, WF) 46th Senate District
(D, WF) Senate District
(R, C, IP) Senate District
2013-S4187C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7720
- Law Section:
- Penal Law
- Laws Affected:
- Amd §120.45, Pen L
2013-S4187C (ACTIVE) - Sponsor Memo
BILL NUMBER:S4187C TITLE OF BILL: An act to amend the penal law, in relation to stalking in the fourth degree PURPOSE OR GENERAL IDEA OF THE BILL: To include the unauthorized tracking of an individual, with a GPS or other device, within the meaning of "following" in the crime of stalking in the fourth degree. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 120.45 of the penal law, to include the unauthorized tracking of an individual, with a GPS or other device, within the meaning of "following" in the crime of stalking in the fourth degree. JUSTIFICATION: The U.S. Department of Justice reports that one in four cases of stalking involves the use of some type of technology. One in 13 cases involves electronic monitoring, and Global Positioning System (GPS) tracking is used in one-tenth of those cases. Many of these cases involve domestic violence, and it is vitally important that victims of domestic violence are protected from such tracking.
2013-S4187C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4187--C 2013-2014 Regular Sessions I N S E N A T E March 13, 2013 ___________ Introduced by Sens. KENNEDY, BALL, BRESLIN, ESPAILLAT, FLANAGAN, GRISAN- TI, KRUEGER, MAZIARZ, NOZZOLIO, PARKER, TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to stalking in the fourth degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.45 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows: S 120.45 Stalking in the fourth degree. A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct: 1. is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or 2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initi- ating communication or contact with such person, a member of such person's immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05409-08-4
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