S T A T E O F N E W Y O R K
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4877
2015-2016 Regular Sessions
I N A S S E M B L Y
February 9, 2015
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Introduced by M. of A. NOLAN, AUBRY, BENEDETTO, BLAKE, BRENNAN, BRINDI-
SI, CAHILL, CLARK, COLTON, COOK, CRESPO, CUSICK, DINOWITZ, FAHY,
FARRELL, GALEF, GANTT, GLICK, GOTTFRIED, GUNTHER, HEVESI, JAFFEE,
JOYNER, LUPARDO, MILLER, MOSLEY, O'DONNELL, PAULIN, PICHARDO, ROSEN-
THAL, SCHIMMINGER, SIMON, STIRPE, WOERNER, ZEBROWSKI -- Multi-Spon-
sored by -- M. of A. BARRON, BROOK-KRASNY, BUCHWALD, HIKIND -- 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.
LBD03847-01-5
A. 4877 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. 4877 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.