S T A T E O F N E W Y O R K
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
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.