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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

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Archive: Last Bill Status - In Assembly Committee

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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

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