senate Bill S7795

2019-2020 Legislative Session

Relates to unauthorized use of a cellular telephone or any data contained therein

download bill text pdf

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 21, 2020 referred to codes

S7795 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §§79-p, 79-q & 79-r, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
S140

S7795 (ACTIVE) - Summary

Establishes penalties for unauthorized use of a cellular telephone, tampering with a cellular telephone or possessing any data contained therein without consent.

S7795 (ACTIVE) - Sponsor Memo

S7795 (ACTIVE) - Bill Text download pdf


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

                                  7795

                            I N  S E N A T E

                            February 21, 2020
                               ___________

Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to unauthorized use of
  a cellular telephone or any data contained therein

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

  Section  1.  The  civil  rights  law  is  amended  by adding three new
sections 79-p, 79-q and 79-r to read as follows:
  § 79-P. UNAUTHORIZED USE OF A  CELLULAR  TELEPHONE.  NO  PERSON  SHALL
KNOWINGLY  USE,  CAUSE TO BE USED, OR ACCESS A CELLULAR TELEPHONE OR ANY
INFORMATION CONTAINED THEREIN WITHOUT AUTHORIZATION OF THE OWNER OF SUCH
CELLULAR TELEPHONE. IN ANY ACTION COMMENCED  PURSUANT  TO  THIS SECTION,
THE COURT MAY AWARD UP TO FIVE THOUSAND DOLLARS IN DAMAGES, OR AN AMOUNT
EQUAL TO TWICE THE AMOUNT OF ANY ECONOMIC GAIN REALIZED AS A  RESULT  OF
SUCH UNAUTHORIZED USE.
  §  79-Q.  TAMPERING  WITH A CELLULAR TELEPHONE. NO PERSON SHALL INTEN-
TIONALLY ALTER IN ANY  MANNER OR DESTROY ANY DATA ON  A  CELLULAR  TELE-
PHONE  BELONGING TO ANOTHER PERSON WITHOUT AUTHORIZATION.  IN ANY ACTION
COMMENCED  PURSUANT  TO  THIS SECTION,  THE  COURT MAY AWARD UP TO  FIVE
THOUSAND  DOLLARS  IN DAMAGES, OR AN AMOUNT EQUAL TO TWICE THE AMOUNT OF
ANY ECONOMIC GAIN REALIZED AS A RESULT OF SUCH UNAUTHORIZED USE.
  § 79-R. UNAUTHORIZED  POSSESSION OF CELLULAR TELEPHONE RELATED MATERI-
AL.  NO PERSON SHALL KNOWINGLY POSSESS, IN ANY FORM, ANY  COPY,  REPROD-
UCTION  OR  DUPLICATE  OF  ANY CELLULAR TELEPHONE DATA WHICH WAS COPIED,
REPRODUCED OR  DUPLICATED  WITHOUT CONSENT OF THE OWNER OF THE  CELLULAR
TELEPHONE,  WITH  INTENT TO BENEFIT HIMSELF OR HERSELF OR A PERSON OTHER
THAN AN OWNER THEREOF. IN ANY ACTION COMMENCED    PURSUANT    TO    THIS
SECTION,  THE  COURT MAY AWARD UP TO TEN THOUSAND DOLLARS IN DAMAGES, OR
AN AMOUNT EQUAL TO TWICE THE AMOUNT OF ANY ECONOMIC GAIN REALIZED  AS  A
RESULT OF SUCH UNAUTHORIZED USE.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15093-01-0

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