Assembly Bill A8408

2009-2010 Legislative Session

Requires the issuance of a warrant for the use of electronic tracking devices

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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

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2009-A8408 (ACTIVE) - Details

See Senate Version of this Bill:
S4818
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง700.05, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2159
2013-2014: A2311
2015-2016: A6588
2017-2018: A6130
2019-2020: A6430

2009-A8408 (ACTIVE) - Summary

Requires the issuance of a warrant for the use of electronic tracking devices.

2009-A8408 (ACTIVE) - Bill Text download pdf 

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

                                  8408

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure law, in relation to requiring the
  issuance of a warrant for the use of electronic tracking devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 700.05 of the  criminal  procedure
law,  as  amended by chapter 744 of the laws of 1988, is amended to read
as follows:
  1. "Eavesdropping" means  "wiretapping",  "mechanical  overhearing  of
conversation[,"] ", [or the] "intercepting or accessing of an electronic
communication",  as  those  terms  are  defined in section 250.00 of the
penal law, OR THE USE OF AN ELECTRONIC TRACKING  DEVICE,  but  does  not
include  the use of a pen register or trap and trace device when author-
ized pursuant to article 705 of this chapter.
  S 2. Section 700.05 of the criminal procedure law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. "ELECTRONIC TRACKING DEVICE" MEANS AN  ELECTRONIC  OR  MECHANICAL
DEVICE  WHICH  PERMITS THE TRACKING OF THE MOVEMENT OF A PERSON OR THING
BY MEANS OF A GLOBAL POSITIONING SYSTEM OR BY ANY OTHER MEANS.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11424-01-9

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