Assembly Bill A10246A

2019-2020 Legislative Session

Prohibits the use of reverse location searches

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2019-A10246 - Details

See Senate Version of this Bill:
S8183
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 695 §§695.00 - 695.50, CP L
Versions Introduced in 2019-2020 Legislative Session:
A10246, S8183

2019-A10246 - Summary

Prohibits the search, with or without a warrant, of geolocation data of a group of people who are under no individual suspicion of having committed a crime, but rather are defined by having been at a given location at a given time.

2019-A10246 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10246
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  prohibiting
   the  search  of geolocation data of a group of people who are under no
   individual suspicion of having committed a crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "reverse location search prohibition act".
   § 2. The criminal procedure law is amended by adding a new article 695
 to read as follows:
                                ARTICLE 695
                         REVERSE LOCATION SEARCHES
 SECTION 695.00 DEFINITIONS.
         695.10 ISSUANCE OF REVERSE LOCATION COURT ORDERS.
         695.20 EXECUTION OF REVERSE LOCATION SEARCHES.
         695.30 REVERSE LOCATION SEARCHES; SUPPRESSION OF EVIDENCE.
         695.40 REVERSE LOCATION SEARCHES; PRIVATE RIGHT OF ACTION.
         695.50 PHYSICAL SEARCHES EXCLUDED.
         695.60 IMMUNITY FROM SUSPENSION.
 § 695.00 DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING  MEAN-
 INGS:
   1.  "REVERSE  LOCATION COURT ORDER" MEANS ANY COURT ORDER, INCLUDING A
 SEARCH WARRANT, COMPELLING THE  DISCLOSURE  OF  RECORDS  OR  INFORMATION
 PERTAINING  TO  ELECTRONIC DEVICES OR THEIR USERS OR OWNERS, WHOSE SCOPE
 EXTENDS TO AN UNKNOWN NUMBER OF ELECTRONIC DEVICES PRESENT  IN  A  GIVEN
 GEOGRAPHIC  AREA  AT  A  GIVEN  TIME  AS MEASURED VIA GLOBAL POSITIONING
 SYSTEM COORDINATES, CELL  TOWER  CONNECTIVITY,  OR  ANY  OTHER  FORM  OF
 LOCATION DETECTION.
   2.  "VOLUNTARY  REVERSE  LOCATION  REQUEST"  MEANS  ANY REQUEST IN THE
 ABSENCE OF A COURT ORDER BY A LAW ENFORCEMENT  OFFICER  FOR  RECORDS  OR
 INFORMATION  PERTAINING  TO ELECTRONIC DEVICES OR THEIR USERS OR OWNERS,
 WHOSE SCOPE EXTENDS TO AN UNKNOWN NUMBER OF ELECTRONIC  DEVICES  PRESENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-A10246A (ACTIVE) - Details

See Senate Version of this Bill:
S8183
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 695 §§695.00 - 695.50, CP L
Versions Introduced in 2019-2020 Legislative Session:
A10246, S8183

2019-A10246A (ACTIVE) - Summary

Prohibits the search, with or without a warrant, of geolocation data of a group of people who are under no individual suspicion of having committed a crime, but rather are defined by having been at a given location at a given time.

2019-A10246A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10246--A
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by  M. of A. QUART, SIMOTAS -- 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 prohibiting
   the search, with or without a warrant, of geolocation data of a  group
   of  people who are under no individual suspicion of having committed a
   crime, but rather are defined by having been at a given location at  a
   given time
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "reverse location search prohibition act".
   § 2. The criminal procedure law is amended by adding a new article 695
 to read as follows:
                                ARTICLE 695
                         REVERSE LOCATION SEARCHES
 SECTION 695.00 DEFINITIONS.
         695.10 ISSUANCE OF REVERSE LOCATION COURT ORDERS.
         695.20 EXECUTION OF REVERSE LOCATION SEARCHES.
         695.30 REVERSE LOCATION SEARCHES; SUPPRESSION OF EVIDENCE.
         695.40 REVERSE LOCATION SEARCHES; PRIVATE RIGHT OF ACTION.
         695.50 PHYSICAL SEARCHES EXCLUDED.
 § 695.00 DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
            HAVE THE FOLLOWING MEANINGS:
   1.  "REVERSE  LOCATION COURT ORDER" MEANS ANY COURT ORDER, INCLUDING A
 SEARCH WARRANT, COMPELLING THE  DISCLOSURE  OF  RECORDS  OR  INFORMATION
 PERTAINING  TO  ELECTRONIC DEVICES OR THEIR USERS OR OWNERS, WHOSE SCOPE
 EXTENDS TO AN UNKNOWN NUMBER OF ELECTRONIC DEVICES PRESENT  IN  A  GIVEN
 GEOGRAPHIC  AREA  AT  A  GIVEN  TIME  AS MEASURED VIA GLOBAL POSITIONING
 SYSTEM COORDINATES, CELL TOWER CONNECTIVITY, AND/OR ANY  OTHER  FORM  OF
 LOCATION DETECTION.
   2.  "VOLUNTARY  REVERSE  LOCATION  REQUEST"  MEANS  ANY REQUEST IN THE
 ABSENCE OF A COURT ORDER BY A LAW ENFORCEMENT  OFFICER  FOR  RECORDS  OR
 INFORMATION  PERTAINING  TO ELECTRONIC DEVICES OR THEIR USERS OR OWNERS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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