senate Bill S140

2021-2022 Legislative Session

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

download bill text pdf

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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 14, 2022 print number 140a
Mar 14, 2022 amend (t) and recommit to codes
Jan 05, 2022 referred to codes
Jan 06, 2021 referred to codes

S140 - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §§79-q, 79-r & 79-s, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
S7795

S140 - Summary

Relates to unauthorized use of a smart phone or mobile device or any data contained therein.

S140 - Sponsor Memo

S140 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    140
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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-q, 79-r and 79-s to read as follows:
   § 79-Q. 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-R.  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-S. 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.
 

S140A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §§79-q, 79-r & 79-s, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
S7795

S140A (ACTIVE) - Summary

Relates to unauthorized use of a smart phone or mobile device or any data contained therein.

S140A (ACTIVE) - Sponsor Memo

S140A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  140--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  penal law, in relation to unauthorized use of a
   smart phone or mobile device 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.  Subdivision  1  of  section  156.00  of the penal law, as
 amended by chapter 558 of the laws of 2006, is    amended    and  a  new
 subdivision 10 is added to read as follows:
   1.  "Computer"  means  a  device or group of devices which, by manipu-
 lation of electronic, magnetic,  optical  or  electrochemical  impulses,
 pursuant  to  a  computer program, can automatically perform arithmetic,
 logical, storage or retrieval operations with or on computer  data,  and
 includes any connected or directly related device, equipment or facility
 which enables such computer to store, retrieve or communicate to or from
 a  person,  another  computer  or another device the results of computer
 operations, computer programs or computer data.   FOR  THE  PURPOSES  OF
 THIS  ARTICLE,  A  SMART  PHONE  OR  MOBILE DEVICE SHALL BE CONSIDERED A
 COMPUTER.
   10. "SMART PHONE OR MOBILE DEVICE" MEANS A PORTABLE  COMPUTING  DEVICE
 THAT:  (A) HAS A SMALL FORM FACTOR SUCH THAT IT CAN EASILY BE CARRIED BY
 A SINGLE INDIVIDUAL; (B) IS  DESIGNED  TO  OPERATE  WITHOUT  A  PHYSICAL
 CONNECTION;  (C)  POSSESSES LOCAL, NON-REMOVABLE OR REMOVABLE DATA STOR-
 AGE; AND (D) INCLUDES A SELF-CONTAINED POWER SOURCE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02870-02-2

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