Assembly Bill A3504

2009-2010 Legislative Session

Relates to the issuance of a non-judicial subpoena for the identity of internet or e-mail subscriber information for a specific screen name

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-A3504 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง610.10 & 610.20, CP L

2009-A3504 (ACTIVE) - Summary

Relates to the issuance of a non-judicial subpoena for the identity of internet or e-mail subscriber information for a specific screen name.

2009-A3504 (ACTIVE) - Bill Text download pdf 

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

                                  3504

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

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

AN ACT to amend the criminal procedure law, in relation to the  issuance
  of  a  non-judicial  subpoena  for  the identity of internet or e-mail
  subscriber information for a specific screen name

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

  Section  1. Section 610.10 of the criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
  4. A "NON-JUDICIAL SUBPOENA" IS A PROCESS ISSUED BY A DISTRICT  ATTOR-
NEY  OR  THE ATTORNEY GENERAL, WHERE APPROPRIATE, OR THE CHIEF EXECUTIVE
OFFICER OF A POLICE DEPARTMENT, AS DEFINED IN SUBDIVISION A  OF  SECTION
EIGHT  HUNDRED  THIRTY-SEVEN-C  OF THE EXECUTIVE LAW, OR THE DESIGNEE OF
SUCH CHIEF EXECUTIVE OFFICER,  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
SUBDIVISION FOUR OF SECTION 610.20 OF THIS ARTICLE.
  S 2. Section 610.20 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4. IN THE INVESTIGATION OF AN OFFENSE AGAINST A MINOR OR AN ATTEMPT TO
COMMIT  AN OFFENSE AGAINST A MINOR, OR IN ANY INSTANCE WHERE THE LIFE OR
SAFETY OF A PERSON IS IN IMMINENT DANGER, A NON-JUDICIAL SUBPOENA MAY BE
ISSUED AND DIRECTED TO AN INTERNET SERVICE PROVIDER  OR  A  PROVIDER  OF
E-MAIL  SERVICES  REQUIRING  THE  PROVIDER  TO DISCLOSE THE IDENTITY AND
ADDRESS OF A SUBSCRIBER RELATIVE TO A SCREEN NAME.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03528-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.