senate Bill S296A

2021-2022 Legislative Session

Prohibits the use of reverse location and reverse keyword 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

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2021 print number 296a
Mar 29, 2021 amend (t) and recommit to codes
Jan 06, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

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 2019-2020 Legislative Session:
S8183, A10246

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

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

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 2019-2020 Legislative Session:
S8183, A10246

S296A (ACTIVE) - 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.

S296A (ACTIVE) - Sponsor Memo

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

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