NY State Senate Bill S8183

Archive: Last Bill Status - In Senate Committee Codes Committee

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In Committee
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2020	referred to codes

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S8183 (ACTIVE) - Details

See Assembly Version of this Bill:: A10246
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add Art 695 §§695.00 - 695.50, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S296, A84
2023-2024: S217, A3306

S8183 (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.

S8183 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8183

SPONSOR: MYRIE
 
TITLE OF BILL:

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

 
PURPOSE:

Prohibits the search, with or without a warrant, of the 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 location
at a given time.

 
SUMMARY OF PROVISIONS:

Section 695.00: Provides definitions for Reverse location court order,

Voluntary reverse location request, and Law enforcement officer.

Section 695.10: Prohibits the issuance of a reverse location court
order.

Section 695.20: Forbids any law enforcement officer from requesting a
reverse location court order or from making a voluntary reverse location
request.

Section 695.30: Directs that courts grant motions to suppress or exclude
evidence consisting of a record acquired via a reverse location court
order or voluntary reverse location request and evidence obtained as a
result-of-other evidence obtained under a reverse location court order
or-voluntary reverse location request.  Suppression is required regard-
less of the court that issued the order and regardless of whether the
issuance of the order was permissible under the procedures of that
court.

Section 695.40: Provides a private right of action for individuals whose
records were obtained in violation of Section 695.20, the recovery of:
$1,000.00 per violation or actual damages, whichever is greater; puni-
tive damages in amount to be determined according to specific factors;
injunctive or declaratory relief and any other relief the court deems
proper.

Section 695.50: Excludes physical searches of any electronic device
lawfully seized pursuant to a search warrant issued under Criminal
Procedure Law section 690. ò

 
EXISTING LAW:

This is a new article which amends the Criminal Procedure Law.

 
JUSTIFICATION:

Electronic device location data provides an invasive and effective
record of individuals' movements. While such tracking is invasive and
effective when targeted at an individual, it gives a dangerous and
unprecedented amount of information to law enforcement about random
individuals when directed at entire groups. With a reverse location
search warrant ("reverse search warrant") and reverse location data
requests "reverse requests"), law enforcement can surveil an entire
neighborhood through a single warrant or request. Reverse search
warrants and requests are different from traditional warrants where
police ask for information about a single telephone or a specific indi-
vidual. As the name suggests, to obtain a reverse search warrant, law
enforcement officers request the location data on every user within a
certain geographic area during a certain timeframe. It is impossible to
know at the time such a warrant request is made the number of people
whose information will be obtained. Reverse search warrants and reverse
search warrant requests have previously obtained data on tens of thou-
sands of people with a single warrant or request.  This type of search
is analogous to law enforcement searching every unit in an apartment
building because law enforcement personnel suspect there is a gun in one
apartment, a practice that has been ruled unconstitutional. Location
data can reveal intimate information about a person's movements, reli-
gious practices, political affiliations, and medical health. This legis-
lation would protect fundamental constitutional rights by outlawing
reverse search warrants and reverse search warrant requests and by
providing deterrents to any efforts by law enforcement personnel to
circumvent the prohibition.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8183 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8183
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  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,
 WHOSE  SCOPE  EXTENDS TO AN UNKNOWN NUMBER OF ELECTRONIC DEVICES PRESENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16069-01-0

 S. 8183                             2
 
 IN A GIVEN GEOGRAPHIC AREA AT A GIVEN TIME, WHETHER SUCH DEVICE LOCATION
 IS MEASURED  VIA  GLOBAL  POSITIONING  SYSTEM  COORDINATES,  CELL  TOWER
 CONNECTIVITY, OR ANY OTHER FORM OF LOCATION DETECTION.
   3.  "LAW ENFORCEMENT OFFICER" MEANS ANY POLICE OFFICER, PEACE OFFICER,
 OR PROSECUTOR.
 § 695.10 ISSUANCE OF REVERSE LOCATION COURT ORDERS.
   NO COURT SHALL ISSUE A REVERSE LOCATION COURT ORDER.
 § 695.20 EXECUTION OF REVERSE LOCATION SEARCHES.
   1. NO LAW ENFORCEMENT OFFICER SHALL SEEK, FROM ANY  COURT,  A  REVERSE
 LOCATION COURT ORDER.
   2.  NO LAW ENFORCEMENT OFFICER SHALL MAKE A VOLUNTARY REVERSE LOCATION
 REQUEST.
 § 695.30 REVERSE LOCATION SEARCHES; SUPPRESSION OF EVIDENCE.
   1. UPON MOTION FROM A DEFENDANT, A COURT SHALL ORDER THAT EVIDENCE  BE
 SUPPRESSED OR EXCLUDED IF THE COURT FINDS THAT SUCH EVIDENCE:
   (A)  CONSISTS  OF A RECORD ACQUIRED VIA A REVERSE LOCATION COURT ORDER
 OR VOLUNTARY REVERSE LOCATION REQUEST; OR
   (B) WAS OBTAINED AS A  RESULT  OF  OTHER  EVIDENCE  OBTAINED  UNDER  A
 REVERSE LOCATION COURT ORDER OR VOLUNTARY REVERSE LOCATION REQUEST.
   2.  THIS  SECTION SHALL APPLY REGARDLESS OF THE COURT WHICH ISSUED THE
 ORDER AND REGARDLESS OF WHETHER THE ISSUANCE OF THE ORDER WAS  PERMISSI-
 BLE UNDER THE PROCEDURES OF THAT COURT.
 § 695.40 REVERSE LOCATION SEARCHES; PRIVATE RIGHT OF ACTION.
   1.  ANY  INDIVIDUAL  WHOSE  RECORDS WERE OBTAINED BY A LAW ENFORCEMENT
 OFFICER IN VIOLATION OF SECTION 695.20 OF THIS ARTICLE MAY  INSTITUTE  A
 CIVIL ACTION AGAINST THE EMPLOYING AGENCY OF THE LAW ENFORCEMENT OFFICER
 FOR ANY OF THE FOLLOWING:
   (A) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER.
   (B) PUNITIVE DAMAGES.
   (C) INJUNCTIVE OR DECLARATORY RELIEF.
   (D) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   2.  IN  ASSESSING  THE  AMOUNT  OF  PUNITIVE  DAMAGES, THE COURT SHALL
 CONSIDER:
   (A) THE NUMBER OF PEOPLE WHOSE INFORMATION WAS DISCLOSED.
   (B) THE PROXIMITY OF THE SEARCH TO LOCATIONS WITH  HEIGHTENED  PRIVACY
 CONCERNS,  INCLUDING,  BUT  NOT LIMITED TO, HOUSES OF WORSHIP, POLITICAL
 PROTESTS, AND MEDICAL FACILITIES.
   (C) THE PERSISTENCE OF VIOLATIONS BY THE  PARTICULAR  LAW  ENFORCEMENT
 AGENCY AND LAW ENFORCEMENT OFFICER.
   3.  IN  ANY  ACTION  BROUGHT  UNDER  THIS SECTION, THE COURT MAY AWARD
 REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
 § 695.50 PHYSICAL SEARCHES EXCLUDED.
   THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE SEARCH OF  ANY  ELEC-
 TRONIC  DEVICE LAWFULLY SEIZED PURSUANT TO A SEARCH WARRANT ISSUED UNDER
 ARTICLE SIX HUNDRED NINETY OF THIS TITLE.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S8183

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

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Co-Sponsors

S8183 (ACTIVE) - Details

S8183 (ACTIVE) - Summary

S8183 (ACTIVE) - Sponsor Memo

S8183 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8183

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Co-Sponsors

S8183 (ACTIVE) - Details

S8183 (ACTIVE) - Summary

S8183 (ACTIVE) - Sponsor Memo

S8183 (ACTIVE) - Bill Text download pdf

Comments