Assembly Bill A10193

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

                                  10193

                          I N  A S S E M B L Y

                            October 27, 2014
                               ___________

Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Nolan,
  Peoples-Stokes, Silver, Morelle, Gottfried, Lentol, Weisenberg, Glick,
  Ortiz, Lifton, Kavanagh, Russell, Barrett, Mayer,  Arroyo,  Benedetto,
  Brennan,  Brindisi, Bronson, Brook-Krasny, Ceretto, Clark, Cook, Cres-
  po,  Crouch,  Cymbrowitz,  Davila,  DenDekker,  Englebright,  Farrell,
  Fitzpatrick, Galef, Gantt, Gjonaj, Hennessey, Jaffee, Lavine, Lupardo,
  Magee,  Magnarelli,  Markey, Miller, O'Donnell, Ramos, Roberts, Robin-
  son, Ryan, Scarborough, Schimminger,  Sepulveda,  Simotas,  Skartados,
  Solages,  Steck,  Stirpe, Sweeney, Thiele, Zebrowski) -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law and the civil rights law, in  relation  to
  the  unlawful surveillance of an individual using GPS or similar tech-
  nology

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

  Section  1. The penal law is amended by adding a new section 250.75 to
read as follows:
S 250.75 UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING SYSTEM  OR  SIMILAR
           TECHNOLOGY.
  1.  A  PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING
SYSTEM OR SIMILAR TECHNOLOGY WHEN:
  (A) WITHOUT THE KNOWLEDGE OR CONSENT OF THE AUTHORIZED OPERATOR  OF  A
MOTOR  VEHICLE AND WITH INTENT TO MONITOR OR DETERMINE THE LOCATION OF A
MOTOR VEHICLE, HE OR SHE INTENTIONALLY PLACES IN OR ON  SUCH  VEHICLE  A
GLOBAL  POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE AND THEREBY MONITORS
OR DETERMINES THE LOCATION OF SUCH MOTOR  VEHICLE,  UNDER  CIRCUMSTANCES
WHERE  SUCH  AUTHORIZED  OPERATOR  HAS  A  REASONABLE EXPECTATION OF THE
PRIVACY OF SUCH INFORMATION. FOR PURPOSES OF THIS PARAGRAPH AND SUBDIVI-
SION THREE OF THIS SECTION, A "REASONABLE EXPECTATION OF PRIVACY" IS NOT
EXTINGUISHED BY THE MERE PRESENCE OF A MOTOR VEHICLE IN A PUBLIC  PLACE;
OR
  (B)  WITHOUT  THE  KNOWLEDGE OR CONSENT OF A PERSON AND WITH INTENT TO
MONITOR OR DETERMINE THE LOCATION OF A PERSON, HE OR  SHE  INTENTIONALLY
PLACES  ON  THE  BODY OF SUCH PERSON OR ON THE PERSONAL PROPERTY OF SUCH

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

                                                           LBD15867-01-4

A. 10193                            2

PERSON A GLOBAL POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE, AND THEREBY
MONITORS OR DETERMINES THE LOCATION OF SUCH PERSON.
  2.  (A)  THIS  SECTION SHALL NOT APPLY TO CONDUCT BY A LAW ENFORCEMENT
OFFICIAL PURSUANT TO A WARRANT ISSUED BY AN AUTHORIZED COURT OR THAT  IS
AUTHORIZED BY LAWFUL EXCEPTION TO THE WARRANT REQUIREMENT.
  (B)  PARAGRAPH  (A) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO A PERSON WHO IS AN OWNER OF THE VEHICLE IN OR ON WHICH THE DEVICE WAS
PLACED, WHEN THE OPERATOR OF SUCH VEHICLE IS THE  MINOR  CHILD  OF  SUCH
OWNER.
  3.  IT  SHALL  BE  A DEFENSE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION THAT, UNDER THE CIRCUMSTANCES,  THE  DEFENDANT  ENGAGED  IN
SUCH  CONDUCT  FOR  A  LEGITIMATE PURPOSE AND SUCH AUTHORIZED OPERATOR'S
REASONABLE EXPECTATION OF PRIVACY WAS MINIMAL.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH  OR  ENLARGE
ANY  POWER  OF THE COURTS, OR ANY AUTHORITY OF LAW ENFORCEMENT PERSONNEL
ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES, WITH RESPECT  TO  THE
CONDUCT DESCRIBED IN THIS SECTION.
  UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING SYSTEM OR SIMILAR TECHNOL-
OGY IS A CLASS B MISDEMEANOR.
  S  2.  The civil rights law is amended by adding a new section 50-f to
read as follows:
  S 50-F. UNAUTHORIZED SURVEILLANCE  BY  GLOBAL  POSITIONING  SYSTEM  OR
SIMILAR  TECHNOLOGY.    1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, ANY PERSON WHO:
  (A) WITHOUT THE KNOWLEDGE OR CONSENT OF THE AUTHORIZED OPERATOR  OF  A
MOTOR  VEHICLE AND WITH INTENT TO MONITOR OR DETERMINE THE LOCATION OF A
MOTOR VEHICLE, INTENTIONALLY PLACES IN OR ON SUCH VEHICLE A GLOBAL POSI-
TIONING SYSTEM DEVICE OR SIMILAR DEVICE AND THEREBY MONITORS  OR  DETER-
MINES THE LOCATION OF SUCH MOTOR VEHICLE, UNDER CIRCUMSTANCES WHERE SUCH
AUTHORIZED  OPERATOR HAS A REASONABLE EXPECTATION OF THE PRIVACY OF SUCH
INFORMATION; OR
  (B) WITHOUT THE KNOWLEDGE OR CONSENT OF A PERSON AND  WITH  INTENT  TO
MONITOR  OR  DETERMINE THE LOCATION OF A PERSON, HE OR SHE INTENTIONALLY
PLACES ON THE BODY OF SUCH PERSON OR ON THE PERSONAL  PROPERTY  OF  SUCH
PERSON A GLOBAL POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE, AND THEREBY
MONITORS  OR DETERMINES THE LOCATION OF SUCH PERSON; MAY BE LIABLE, IN A
CIVIL CAUSE OF ACTION, FOR COMPENSATORY DAMAGES,  IF  ANY,  AS  WELL  AS
EXEMPLARY  DAMAGES. THE COURT MAY ALSO AWARD REASONABLE COSTS AND ATTOR-
NEYS FEES TO A PREVAILING PLAINTIFF. FOR PURPOSES OF  PARAGRAPH  (A)  OF
THIS SUBDIVISION AND PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, A
"REASONABLE  EXPECTATION  OF  PRIVACY"  IS  NOT EXTINGUISHED BY THE MERE
PRESENCE OF A MOTOR VEHICLE IN A PUBLIC PLACE.
  2. (A) THIS SECTION SHALL NOT APPLY TO CONDUCT BY  A  LAW  ENFORCEMENT
OFFICIAL  PURSUANT TO A WARRANT ISSUED BY AN AUTHORIZED COURT OR THAT IS
AUTHORIZED BY LAWFUL EXCEPTION TO THE WARRANT REQUIREMENT.
  (B) PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT  APPLY:
(I)  TO  A PERSON WHO IS AN OWNER OF THE VEHICLE ON WHICH THE DEVICE WAS
PLACED, WHEN THE OPERATOR OF SUCH VEHICLE IS THE  MINOR  CHILD  OF  SUCH
OWNER;  OR (II) WHEN, UNDER THE CIRCUMSTANCES, THE ACTOR ENGAGED IN SUCH
CONDUCT FOR A LEGITIMATE PURPOSE AND SUCH AUTHORIZED OPERATOR'S  REASON-
ABLE EXPECTATION OF PRIVACY WAS MINIMAL.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH ANY POWER OF
THE  COURTS,  OR TO DIMINISH OR ENLARGE ANY AUTHORITY OF LAW ENFORCEMENT
PERSONNEL ENGAGED IN  THE  CONDUCT  OF  THEIR  AUTHORIZED  DUTIES,  WITH
RESPECT TO THE CONDUCT DESCRIBED IN THIS SECTION.

A. 10193                            3

  4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABRIDGE OR LIMIT ANY
OTHER RIGHT OR REMEDY AN AGGRIEVED  PERSON  MAY  HAVE  UNDER  ANY  OTHER
PROVISION OF LAW.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.