senate Bill S4187

Amended

Relates to stalking in the fourth degree

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Mar / 2013
    • REFERRED TO CODES
  • 29 / May / 2013
    • 1ST REPORT CAL.780
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2013
    • AMENDED ON THIRD READING 4187A
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 4187B
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 04 / Apr / 2014
    • AMEND (T) AND RECOMMIT TO CODES
  • 04 / Apr / 2014
    • PRINT NUMBER 4187C
  • 29 / Apr / 2014
    • 1ST REPORT CAL.471
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • SUBSTITUTED BY A7720B

Summary

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

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Bill Details

See Assembly Version of this Bill:
A7720
Versions:
S4187
S4187A
S4187B
S4187C
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd §250.45, add §35.26, Pen L

Votes

14
0
14
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
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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
permit the use of electronic devices in order to maintain discipline
or promote the welfare of such persons. Other uses of these devices
constitute an offense.

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.

Tracking devices and software are intended for legitimate purposes.
Parents can keep track of young drivers, and law enforcement officers
utilize these tools to track missing persons.

However, this technology is also be used to track individuals who do
not want to be followed, particularly in domestic violence cases. It
is vitally important that survivors of domestic violence are protected
from unlawful surveillance.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This Act shall take effect on the ninetieth day after it shall have
become law.

view bill text
                    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

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