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Assembly Bill A6130

2017-2018 Legislative Session

Requires the issuance of a warrant for the use of electronic tracking devices

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Archive: Last Bill Status - In Assembly Committee

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2017-A6130 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §700.05, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8408
2011-2012: A2159
2013-2014: A2311
2015-2016: A6588
2019-2020: A6430

2017-A6130 (ACTIVE) - Summary

Requires the issuance of a warrant for the use of electronic tracking devices.

2017-A6130 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6130
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2017
                                ___________
 
 Introduced  by  M.  of A. CRESPO -- Multi-Sponsored by -- M. of A. MOYA,
   RIVERA, RODRIGUEZ -- read once and referred 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] SEVEN HUNDRED FIVE of this chapter.
   § 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.
   § 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.
                                                            LBD07933-01-7

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