NY State Senate Bill S296A

Archive: Last Bill Status - In Senate Committee Codes Committee

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In Committee
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Signed/Vetoed by Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 29, 2021	print number 296a
Mar 29, 2021	amend (t) and recommit to codes
Jan 06, 2021	referred to codes

Bill Amendments

Original

A (Active)

Original

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Co-Sponsors

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S296 - Details

See Assembly Version of this Bill:: A84
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:: 2019-2020: S8183, A10246
2023-2024: S217, A3306

S296 - Summary

Prohibits the search, with or without a warrant, of geolocation and keyword 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 or searched particular words, phrases, character strings, or websites.

S296 - Sponsor Memo

 
BILL NUMBER: S296

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:

Creates a new Article 695 in the criminal procedure law:

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.

 
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:

A10246-A/S8183 of 2019-20

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S296 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    296
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BENJAMIN,  GIANARIS,  GOUNARDES, HOYLMAN,
   KRUEGER, LIU, RAMOS, RIVERA, SEPULVEDA, STAVISKY  --  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01721-01-1

 S. 296                              2
 
 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
 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.

Co-Sponsors

view additional co-sponsors

S296A (ACTIVE) - Details

See Assembly Version of this Bill:: A84
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:: 2019-2020: S8183, A10246
2023-2024: S217, A3306

S296A (ACTIVE) - Summary

S296A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S296A

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 and keyword 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 or searched particular words, phrases, charac-
ter strings, or websites

 
PURPOSE:

To prohibit the search, with or without a warrant, of 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 or having performed internet searches for particular words or
phrases.

 
SUMMARY OF PROVISIONS: Section 1 sets the short title.

Section 2 amends the criminal procedure law to create a new article 695,
prohibiting reverse location and reverse keyword searches, through
warrant or court order, by government entities.

Section 3 sets the effective date.

 
JUSTIFICATION:

Electronic device location data can provide an eerily invasive log of
individuals' movements. While such tracking is invasive when targeted at
an individual, it gives dangerous and unprecedented tracking capabili-
ties to law enforcement when directed at entire groups. This is what
occurs with a reverse location search warrant and reverse location data
requests, which allows law enforcement to surveil an entire neighborhood
through a single warrant or request. 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.

Similarly, reverse keyword search warrants and reverse keyword search
data requests give government entities permission to request user infor-
mation for every person who performs an internet search for a particular
string of words or characters. These warrants and requests are some of
the most expansive, returning data for millions of users who are under
no criminal suspicion.

Reverse search warrants and requests are different than a traditional
warrant where police ask for information about a single phone or a
specific individual. At the time such a warrant request is evaluated, it
is impossible to know how many people's information will be obtained.
Reverse search warrants and reverse requests have previously obtained
data on tens of thousands 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 they suspect there is a gun in one
apartment, a practice that has been ruled unconstitutional. The data
returned can reveal intimate information about a person's movements,
religious practices, political affiliations, and medical health. This
legislation would outlaw reverse search warrants and reverse requests,
ensuring that any government request for this data has sufficient judi-
cial oversight.

 
LEGISLATIVE HISTORY:

2019 - 2020: A10246

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S296A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  296--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, BENJAMIN, GIANARIS, GOUNARDES, HOYLMAN, JACK-
   SON,  KRUEGER,  LIU,  RAMOS, RIVERA, SEPULVEDA, STAVISKY -- read twice
   and ordered printed, and when printed to be committed 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 and keyword 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 or searched particular words, phrases,  char-
   acter strings, or websites
 
   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 and reverse keyword search prohibition act".
   § 2. The criminal procedure law is amended by adding a new article 695
 to read as follows:
                                ARTICLE 695
               REVERSE LOCATION AND REVERSE KEYWORD SEARCHES
 SECTION 695.00 DEFINITIONS.
         695.10 ISSUANCE  OF  REVERSE  LOCATION  COURT ORDERS AND REVERSE
                  KEYWORD COURT ORDERS.
         695.20 EXECUTION OF REVERSE LOCATION AND REVERSE KEYWORD SEARCH-
                  ES.
         695.30 REVERSE   LOCATION   AND   REVERSE   KEYWORD    SEARCHES;
                  SUPPRESSION OF EVIDENCE.
         695.40 REVERSE  LOCATION  AND  REVERSE KEYWORD SEARCHES; PRIVATE
                  RIGHT OF ACTION.
         695.50 PHYSICAL SEARCHES EXCLUDED.
 § 695.00 DEFINITIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01721-04-1

 S. 296--A                           2
 
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
 MEANINGS:
   1.  "GOVERNMENT  ENTITY"  SHALL  MEAN  ANY DEPARTMENT OR AGENCY OF THE
 STATE OR ANY POLITICAL SUBDIVISION THEREOF, OR ANY INDIVIDUAL ACTING FOR
 OR ON BEHALF OF THE STATE OR A POLITICAL SUBDIVISION THEREOF.
   2. "REVERSE KEYWORD COURT ORDER" MEANS ANY COURT  ORDER,  INCLUDING  A
 SEARCH  WARRANT,  COMPELLING  THE  DISCLOSURE  OF RECORDS OR INFORMATION
 IDENTIFYING ANY UNNAMED PERSONS, BY NAME OR OTHER UNIQUE IDENTIFIER, WHO
 ELECTRONICALLY  SEARCHED  FOR  PARTICULAR  WORDS,   PHRASES,   CHARACTER
 STRINGS, OR WEBSITES, OR WHO VISITED A PARTICULAR WEBSITE THROUGH A LINK
 GENERATED  BY  SUCH  A SEARCH, REGARDLESS OF WHETHER OR NOT THE ORDER IS
 LIMITED TO A SPECIFIC GEOGRAPHIC AREA OR TIME FRAME.
   3. "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, WI-FI DATA AND/OR ANY OTHER
 FORM OF LOCATION DETECTION.
   4.  "VOLUNTARY  REVERSE  KEYWORD  REQUEST"  MEANS  ANY  REQUEST IN THE
 ABSENCE OF A COURT ORDER, BY ANY GOVERNMENT ENTITY FOR THE PROVISION  OF
 RECORDS OR INFORMATION IDENTIFYING ANY UNNAMED PERSONS, BY NAME OR OTHER
 UNIQUE  IDENTIFIER,  WHO  ELECTRONICALLY  SEARCHED FOR PARTICULAR WORDS,
 PHRASES, CHARACTER STRINGS, OR WEBSITES, OR  WHO  VISITED  A  PARTICULAR
 WEBSITE THROUGH A LINK GENERATED BY SUCH A SEARCH, REGARDLESS OF WHETHER
 OR NOT THE ORDER IS LIMITED TO A SPECIFIC GEOGRAPHIC AREA OR TIME FRAME.
   5.  "VOLUNTARY  REVERSE  LOCATION  REQUEST"  MEANS  ANY REQUEST IN THE
 ABSENCE OF A COURT ORDER BY ANY GOVERNMENT ENTITY FOR RECORDS OR  INFOR-
 MATION  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, WHETHER SUCH DEVICE LOCATION IS
 MEASURED VIA GLOBAL POSITIONING SYSTEM COORDINATES, CELL  TOWER  CONNEC-
 TIVITY, WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION DETECTION.
   6.  "LAW ENFORCEMENT OFFICER" MEANS ANY POLICE OFFICER, PEACE OFFICER,
 OR PROSECUTOR.
 § 695.10 ISSUANCE OF REVERSE LOCATION COURT ORDERS AND  REVERSE  KEYWORD
            COURT ORDERS.
   NO  COURT  SHALL  ISSUE  A  REVERSE  LOCATION COURT ORDER OR A REVERSE
 KEYWORD COURT ORDER.
 § 695.20 EXECUTION OF REVERSE LOCATION AND REVERSE KEYWORD SEARCHES.
   1. NO GOVERNMENT ENTITY SHALL SEEK, FROM ANY COURT, A REVERSE LOCATION
 COURT ORDER OR A REVERSE KEYWORD COURT ORDER.
   2. NO GOVERNMENT  ENTITY  SHALL  MAKE  A  VOLUNTARY  REVERSE  LOCATION
 REQUEST OR A VOLUNTARY AND REVERSE KEYWORD REQUEST.
   3.  NO GOVERNMENT ENTITY SHALL SEEK, SECURE, OBTAIN, BORROW, PURCHASE,
 USE, OR REVIEW ANY  INFORMATION  OR  DATA  OBTAINED  THROUGH  A  REVERSE
 LOCATION REQUEST OR A REVERSE KEYWORD REQUEST.
   4.  NO  GOVERNMENT ENTITY SHALL SEEK THE ASSISTANCE OF ANY NON-GOVERN-
 MENTAL ENTITY, ANY AGENCY OF THE FEDERAL GOVERNMENT, OR  ANY  AGENCY  OF
 THE  GOVERNMENT  OF  ANOTHER  STATE  OR SUBDIVISION THEREOF IN OBTAINING
 INFORMATION OR DATA FROM A REVERSE LOCATION COURT ORDER, REVERSE KEYWORD
 COURT ORDER, REVERSE LOCATION REQUEST, OR REVERSE KEYWORD REQUEST IF THE
 GOVERNMENT ENTITY WOULD BE BARRED FROM DIRECTLY SEEKING SUCH INFORMATION
 UNDER THIS ARTICLE.
 § 695.30 REVERSE LOCATION AND REVERSE KEYWORD SEARCHES;  SUPPRESSION  OF
            EVIDENCE.

 S. 296--A                           3
 
   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,
 REVERSE KEYWORD COURT ORDER,  VOLUNTARY  REVERSE  LOCATION  REQUEST,  OR
 VOLUNTARY REVERSE KEYWORD REQUEST; OR
   (B)  WAS  OBTAINED  AS  A  RESULT  OF  OTHER EVIDENCE OBTAINED UNDER A
 REVERSE LOCATION COURT ORDER, REVERSE  KEYWORD  COURT  ORDER,  VOLUNTARY
 REVERSE LOCATION REQUEST, OR VOLUNTARY REVERSE KEYWORD 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.
   3.  THIS SECTION SHALL APPLY REGARDLESS OF ANY CLAIM THAT THE INFORMA-
 TION OR EVIDENCE IS ATTENUATED FROM AN UNLAWFUL ORDER OR REQUEST,  WOULD
 INEVITABLY  HAVE  BEEN DISCOVERED, OR WAS SIMULTANEOUSLY OR SUBSEQUENTLY
 OBTAINED OR REOBTAINED THROUGH OTHER MEANS.
 § 695.40 REVERSE LOCATION AND REVERSE KEYWORD SEARCHES; PRIVATE RIGHT OF
            ACTION.
   1. ANY INDIVIDUAL WHOSE RECORDS WERE OBTAINED BY ANY GOVERNMENT ENTITY
 IN VIOLATION OF SECTION 695.20 OF THIS ARTICLE  MAY  INSTITUTE  A  CIVIL
 ACTION AGAINST SUCH GOVERNMENT ENTITY FOR ANY OR ALL 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 GOVERNMENT ENTITY.
   3. IN ANY ACTION BROUGHT UNDER THIS SECTION,  THE  COURT  SHALL  AWARD
 REASONABLE  ATTORNEYS'  FEES,  EXPENSES AND COSTS TO A PREVAILING PLAIN-
 TIFF.
 § 695.50 PHYSICAL SEARCHES EXCLUDED.
   THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE SEARCH OF  ANY  ELEC-
 TRONIC  DEVICE  LAWFULLY  SEIZED  AND/OR  SEARCHED  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 S296A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

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S296 - Details

S296 - Summary

S296 - Sponsor Memo

S296 - Bill Text download pdf

Co-Sponsors

S296A (ACTIVE) - Details

S296A (ACTIVE) - Summary

S296A (ACTIVE) - Sponsor Memo

S296A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S296A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S296 - Details

S296 - Summary

S296 - Sponsor Memo

S296 - Bill Text download pdf

Co-Sponsors

S296A (ACTIVE) - Details

S296A (ACTIVE) - Summary

S296A (ACTIVE) - Sponsor Memo

S296A (ACTIVE) - Bill Text download pdf

Comments