senate Bill S4187B

Amended

Relates to stalking in the fourth degree

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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

Versions:
S4187
S4187A
S4187B
S4187C
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd §250.45, add §35.26, Pen L

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
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 axe 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
1W shall have become law.

view bill text
                    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.
                                                           LBD05409-05-3

S. 4187--B                          2

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 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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