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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-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 Other Legislative Sessions:
2019-2020: S4619
2021-2022: S4996
2023-2024: S2615

2017-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.

2017-S5730 (ACTIVE) - Sponsor Memo

2017-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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