assembly Bill A1895A

2017-2018 Legislative Session

Relates to creating the New York electronic communications privacy act; search and seizure of electronic devices and electronic communications

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jun 20, 2017 reported referred to rules
May 10, 2017 print number 1895a
May 10, 2017 amend and recommit to codes
Jan 13, 2017 referred to codes

Co-Sponsors

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Multi-Sponsors

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A1895 - Details

See Senate Version of this Bill:
S6044
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 695 §§695.05 - 695.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9235
2019-2020: A2620
2021-2022: A5045
2023-2024: A1880

A1895 - Summary

Relates to creating the New York electronic communications privacy act; relates to the search and seizure of electronic devices and electronic communications.

A1895 - Bill Text download pdf


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

                                  1895

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2017
                               ___________

Introduced  by  M.  of A. DINOWITZ, RODRIGUEZ, GOTTFRIED, GALEF, GJONAJ,
  JOYNER, TITONE, RICHARDSON, MOSLEY, ABINANTI, QUART -- Multi-Sponsored
  by -- M. of A.   COOK, DAVILA,  ENGLEBRIGHT,  FARRELL,  GLICK,  RAMOS,
  ROZIC, SKARTADOS -- read once and referred to the Committee on Codes

AN  ACT to amend the criminal procedure law, in relation to establishing
  the New York electronic communications privacy act ("NYECPA")

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

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 695 to read as follows:
                               ARTICLE 695
         SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                             COMMUNICATIONS
SECTION 695.05 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; DEFINITIONS.
        695.10 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                 COMMUNICATIONS; IN GENERAL.
        695.15 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; IN AN EMERGENCY.
        695.20 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                 COMMUNICATIONS; WHEN EVIDENCE CAN BE SUPPRESSED.
        695.25 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; ANNUAL REPORT.
§ 695.05 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC  COMMU-
           NICATIONS; DEFINITIONS.
  AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
  1. "ADVERSE RESULT" MEANS ANY OF THE FOLLOWING:
  (A) DANGER TO THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;
  (B) FLIGHT FROM PROSECUTION;
  (C) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
  (D) INTIMIDATION OF POTENTIAL WITNESSES; OR

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A1895A (ACTIVE) - Details

See Senate Version of this Bill:
S6044
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 695 §§695.05 - 695.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9235
2019-2020: A2620
2021-2022: A5045
2023-2024: A1880

A1895A (ACTIVE) - Summary

Relates to creating the New York electronic communications privacy act; relates to the search and seizure of electronic devices and electronic communications.

A1895A (ACTIVE) - Bill Text download pdf


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

                                 1895--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2017
                               ___________

Introduced  by  M.  of A. DINOWITZ, RODRIGUEZ, GOTTFRIED, GALEF, GJONAJ,
  JOYNER, TITONE, RICHARDSON, MOSLEY, ABINANTI, QUART, ROSENTHAL, STECK,
  BLAKE, JENNE, LIFTON, SOLAGES, M. G. MILLER, WALKER -- Multi-Sponsored
  by -- M. of A.   COOK, DAVILA,  ENGLEBRIGHT,  FARRELL,  GLICK,  RAMOS,
  ROZIC,  SIMON, SKARTADOS -- read once and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the criminal procedure law, in relation to establishing
  the New York electronic communications privacy act ("NYECPA")

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

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 695 to read as follows:
                               ARTICLE 695
         SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                             COMMUNICATIONS
SECTION 695.05 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; DEFINITIONS.
        695.10 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                 COMMUNICATIONS; IN GENERAL.
        695.15 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; IN AN EMERGENCY.
        695.20 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                 COMMUNICATIONS; WHEN EVIDENCE CAN BE SUPPRESSED.
        695.25 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; ANNUAL REPORT.
§ 695.05 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC  COMMU-
           NICATIONS; DEFINITIONS.
  AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
  1. "ADVERSE RESULT" MEANS ANY OF THE FOLLOWING:
  (A) DANGER TO THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;

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