senate Bill S5730

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Apr 27, 2017 referred to codes

Co-Sponsors

S5730 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 695 §§695.05 - 695.25, CP L
Versions Introduced in 2019-2020 Legislative Session:
S4619

S5730 (ACTIVE) - Summary

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

S5730 (ACTIVE) - Sponsor Memo

S5730 (ACTIVE) - Bill Text download pdf


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

                                  5730

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             April 27, 2017
                               ___________

Introduced  by  Sen.  PARKER -- 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  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
  (E) SERIOUS JEOPARDY TO AN INVESTIGATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03787-01-7

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