Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 27, 2009 |
referred to codes |
Senate Bill S4818
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
2009-S4818 (ACTIVE) - Details
2009-S4818 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4818 TITLE OF BILL : An act to amend the criminal procedure law, in relation to requiring the issuance of a warrant for the use of electronic tracking devices PURPOSE : To require a warrant in accordance with the issuance of an electronic tracking device. SUMMARY OF PROVISIONS : Section 1. Subdivision 1 of section 700.05 of the criminal procedure law, as amended by chapter 744 of the laws would be amended to include the use of electronic tracking devices. EXISTING LAW : Under the New York State Criminal Procedure Law section 700.05 "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, but does not include the use of a pen register or trap and trace device when authorized pursuant to article 705 of this chapter. JUSTIFICATION : To amend the current law to include provision for usage of electronic
2009-S4818 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4818 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. MONSERRATE -- read twice and ordered printed, and when printed to be committed to the Committee 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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