senate Bill S8183

2019-2020 Legislative Session

Prohibits the use of reverse location searches

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Sponsored By

Current 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
Apr 13, 2020 referred to codes

Co-Sponsors

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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

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

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

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