Assembly Bill A10676

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10676
 
                           I N  A S S E M B L Y
 
                              August 28, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law and the penal law, in  relation
   to  the  enforcement  of the prohibition on the use of wireless signal
   jammer devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "wireless
 security enforcement (WiSE) act".
   § 2. The general business law is amended by adding a new section  390-
 cc to read as follows:
   §  390-CC.  SALE  OF PROHIBITED WIRELESS SIGNAL JAMMER DEVICES. 1. FOR
 THE PURPOSES OF THIS SECTION, "WIRELESS SIGNAL JAMMER DEVICE" MEANS  ANY
 DEVICE  THAT  PROHIBITS THE OPERATION, MANUFACTURE, IMPORTATION, MARKET-
 ING, AND SALE OF EQUIPMENT DESIGNED TO JAM OR OTHERWISE  INTERFERE  WITH
 AUTHORIZED  RADIO  COMMUNICATIONS, SUCH AS RADAR, INTERNET, GLOBAL POSI-
 TIONING SYSTEM (GPS), AND CELL PHONE COMMUNICATIONS.
   2. UPON NOTICE BY ANY LOCAL OR STATE LAW ENFORCEMENT AGENCY, ANY BUSI-
 NESS OR ESTABLISHMENT THAT  ENGAGES  IN  THE  MANUFACTURE,  IMPORTATION,
 MARKETING, OR SALE OF WIRELESS SIGNAL JAMMER DEVICES SHALL BE PROHIBITED
 FROM  OPERATING  SAID  BUSINESS  OR ESTABLISHMENT WITHIN THE STATE FOR A
 PERIOD OF AT LEAST ONE YEAR. THIS PROVISION SHALL NOT  BE  CONSTRUED  TO
 ABSOLVE SAID BUSINESS OR ESTABLISHMENT FROM ANY OTHER PENALTIES PURSUANT
 TO LOCAL, STATE OR FEDERAL LAW.
   3.  (A)  WHENEVER  IT  APPEARS  TO  THE  ATTORNEY GENERAL, EITHER UPON
 COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN OR  OUTSIDE  THE  STATE,
 HAS  ENGAGED  IN  OR  IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR PRACTICES
 STATED TO BE UNLAWFUL IN THIS SECTION, THE ATTORNEY GENERAL MAY BRING AN
 ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE  OF
 THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS SECTION, TO OBTAIN
 RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY
 ANY  SUCH  VIOLATION,  TO  OBTAIN  DISGORGEMENT  OF ANY PROFITS OR GAINS
 OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, INCLUDING BUT NOT
 LIMITED TO THE DESTRUCTION OF UNLAWFULLY OBTAINED  DATA  AND  ALGORITHMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15995-01-4
 A. 10676                            2
 
 TRAINED ON SUCH DATA, TO OBTAIN DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY
 ANY  SUCH  VIOLATION,  TO  OBTAIN  CIVIL  PENALTIES WHICH MAY EXCEED ONE
 HUNDRED THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH OTHER AND
 FURTHER  RELIEF  AS  THE  COURT  MAY  DEEM PROPER, INCLUDING PRELIMINARY
 RELIEF.
   (B) ANY PROPERTY OWNER OR BUSINESS OWNER WHO HAS  BEEN  INJURED  BY  A
 VIOLATION OF THIS SECTION WHICH RESULTED IN THE COMMISSION OF A CRIME TO
 A  PERSON, PERSON'S PROPERTY, OR A PERSON'S BUSINESS MAY BRING AN ACTION
 TO OBTAIN:
   (I) DAMAGES WHICH MAY EXCEED ONE HUNDRED THOUSAND DOLLARS PER INCIDENT
 OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
   (II) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (III) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   4. THE COURT MAY AWARD REASONABLE  ATTORNEYS'  FEES  TO  A  PREVAILING
 PLAINTIFF.
   §  3.  The penal law is amended by adding a new article 157 to read as
 follows:
                                 ARTICLE 157
        OFFENSES INVOLVING PROHIBITED WIRELESS SIGNAL JAMMER DEVICES
 SECTION 157.00 OFFENSES  INVOLVING  PROHIBITED  WIRELESS  SIGNAL  JAMMER
                  DEVICES; DEFINITIONS OF TERMS.
         157.05 PROHIBITED USE OF WIRELESS SIGNAL JAMMER DEVICES.
 § 157.00 OFFENSES  INVOLVING  PROHIBITED WIRELESS SIGNAL JAMMER DEVICES;
            DEFINITIONS OF TERMS.
   FOR THE PURPOSES OF THIS  ARTICLE,  "WIRELESS  SIGNAL  JAMMER  DEVICE"
 MEANS ANY DEVICE THAT PROHIBITS THE OPERATION, MANUFACTURE, IMPORTATION,
 MARKETING,  AND SALE OF EQUIPMENT DESIGNED TO JAM OR OTHERWISE INTERFERE
 WITH AUTHORIZED RADIO COMMUNICATIONS, SUCH AS  RADAR,  INTERNET,  GLOBAL
 POSITIONING SYSTEM (GPS), AND CELL PHONE COMMUNICATIONS.
 § 157.05 PROHIBITED USE OF WIRELESS SIGNAL JAMMER DEVICES.
   A  PERSON  IS  GUILTY  OF  PROHIBITED  USE OF A WIRELESS SIGNAL JAMMER
 DEVICE IF THEY  ENGAGE  IN  THE  POSSESSION,  MANUFACTURE,  IMPORTATION,
 MARKETING, OR SALE OF WIRELESS SIGNAL JAMMER DEVICES.
   PROHIBITED USE OF A WIRELESS SIGNAL JAMMER DEVICE IS A CLASS D FELONY.
   §  4. Section 60.27 of the penal law is amended by adding a new subdi-
 vision 15 to read as follows:
   15. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
 RY, WHEN A PERSON IS CONVICTED OF PROHIBITED USE OF  A  WIRELESS  SIGNAL
 JAMMER  DEVICE  AS DEFINED IN SECTION 157.05 OF THIS CHAPTER, THE COURT,
 IN ADDITION TO ANY OTHER SENTENCE, SHALL ORDER THE PAYMENT  OF  RESTITU-
 TION  TO  THE  PERSON  WHO  WAS  HARMED,  DIRECTLY OR INDIRECTLY, BY THE
 PROHIBITED USE OF A WIRELESS SIGNAL JAMMER DEVICE.
   § 5. This act shall take effect immediately.