Assembly Bill A5045

2021-2022 Legislative Session

Relates to creating the New York electronic communications privacy act; search and seizure of electronic devices and electronic communications

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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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2021-A5045 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 695 §§695.05 - 695.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9235
2017-2018: A1895
2019-2020: A2620
2023-2024: A1880

2021-A5045 (ACTIVE) - Summary

Creates the New York electronic communications privacy act relating to the search and seizure of electronic devices and electronic communications; prohibits law enforcement from compelling the production of or access to electronic device information from any person or entity other than the authorized possessor of the device without a warrant.

2021-A5045 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5045
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, RODRIGUEZ, GOTTFRIED, GALEF, JOYNER,
   RICHARDSON, ABINANTI, QUART, L. ROSENTHAL, STECK, SOLAGES,  M. MILLER,
   WALKER,  WEPRIN, VANEL -- Multi-Sponsored by -- M. of A. COOK, DAVILA,
   ENGLEBRIGHT, GLICK, RAMOS, ROZIC, SIMON -- read once and  referred  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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