S T A T E O F N E W Y O R K
________________________________________________________________________
3310
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to out-of-state investigations and warrants regarding
abortions performed in New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 705.00 of the criminal procedure law is amended by
adding a new subdivision 7 to read as follows:
7. "PROHIBITED VIOLATION" MEANS ANY VIOLATION OF LAW THAT CREATES
LIABILITY FOR, OR ARISING OUT OF, EITHER OF THE FOLLOWING:
(A) PROVIDING, FACILITATING, OR OBTAINING AN ABORTION THAT IS LAWFUL
UNDER NEW YORK LAW; OR
(B) INTENDING OR ATTEMPTING TO PROVIDE, FACILITATE, OR OBTAIN AN
ABORTION THAT IS LAWFUL UNDER NEW YORK LAW.
§ 2. Section 705.10 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
§ 705.10 Orders authorizing the use of a pen register or a trap and
trace device; when issuable.
1. An order authorizing the use of a pen register or a trap and trace
device may issue only:
[1.] (A) Upon an appropriate application made in conformity with this
article; and
[2.] (B) Upon a determination that an application sets forth specific,
articulable facts, warranting the applicant's reasonable suspicion that
a designated crime has been, is being, or is about to be committed and
demonstrating that the information likely to be obtained by use of a pen
register or trap and trace device is or will be relevant to an ongoing
criminal investigation of such designated crime.
2. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, NO COURT SHALL
ENTER AN EX PARTE ORDER AUTHORIZING THE INSTALLATION AND USE OF A PEN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06227-01-3
A. 3310 2
REGISTER OR A TRAP AND TRACE DEVICE FOR THE PURPOSE OF INVESTIGATING OR
RECOVERING EVIDENCE OF A PROHIBITED VIOLATION.
§ 3. Section 700.05 of the criminal procedure law is amended by adding
a new subdivision 11 to read as follows:
11. "PROHIBITED VIOLATION" MEANS ANY VIOLATION OF LAW THAT CREATES
LIABILITY FOR, OR ARISING OUT OF, EITHER OF THE FOLLOWING:
(A) PROVIDING, FACILITATING, OR OBTAINING AN ABORTION THAT IS LAWFUL
UNDER NEW YORK LAW; OR
(B) INTENDING OR ATTEMPTING TO PROVIDE, FACILITATE, OR OBTAIN AN
ABORTION THAT IS LAWFUL UNDER NEW YORK LAW.
§ 4. Section 700.15 of the criminal procedure law, as amended by chap-
ter 744 of the laws of 1988, is amended to read as follows:
§ 700.15 Eavesdropping and video surveillance warrants; when issuable.
1. An eavesdropping or video surveillance warrant may issue only:
[1.] (A) Upon an appropriate application made in conformity with this
article; and
[2.] (B) Upon probable cause to believe that a particularly described
person is committing, has committed, or is about to commit a particular
designated offense; and
[3.] (C) Upon probable cause to believe that particular communications
concerning such offense will be obtained through eavesdropping, or upon
probable cause to believe that particular observations concerning such
offense will be obtained through video surveillance; and
[4]. (D) Upon a showing that normal investigative procedures have been
tried and have failed, or reasonably appear to be unlikely to succeed if
tried, or to be too dangerous to employ; and
[5.] (E) Upon probable cause to believe that the facilities from
which, or the place where, the communications are to be intercepted or
the video surveillance is to be conducted, are being used, or are about
to be used, in connection with the commission of such offense, or are
leased to, listed in the name of, or commonly used by such person.
2. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, NO COURT SHALL
ENTER AN EX PARTE ORDER AUTHORIZING INTERCEPTION OF A TELEPHONIC COMMU-
NICATION OR ELECTRONIC COMMUNICATIONS FOR THE PURPOSE OF INVESTIGATING
OR RECOVERING EVIDENCE OF A PROHIBITED VIOLATION.
§ 5. Section 690.40 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. NO WARRANT SHALL BE ISSUED UNDER THIS ARTICLE FOR ANY ITEM OR ITEMS
THAT PERTAIN TO AN INVESTIGATION INTO A PROHIBITED VIOLATION. FOR THE
PURPOSES OF THIS SUBDIVISION, THE TERM "PROHIBITED VIOLATION" SHALL MEAN
ANY VIOLATION OF LAW THAT CREATES LIABILITY FOR, OR ARISING OUT OF,
EITHER OF THE FOLLOWING:
(A) PROVIDING, FACILITATING, OR OBTAINING AN ABORTION THAT IS LAWFUL
UNDER NEW YORK LAW; OR
(B) INTENDING OR ATTEMPTING TO PROVIDE, FACILITATE, OR OBTAIN AN
ABORTION THAT IS LAWFUL UNDER NEW YORK LAW.
§ 6. The criminal procedure law is amended by adding a new section
690.60 to read as follows:
§ 690.60 SEARCH WARRANTS; CERTAIN REQUIREMENTS FOR CORPORATIONS.
1. FOR THE PURPOSES OF THIS SECTION, THE TERM "PROHIBITED VIOLATION"
SHALL MEAN ANY VIOLATION OF LAW THAT CREATES LIABILITY FOR, OR ARISING
OUT OF, EITHER OF THE FOLLOWING:
(A) PROVIDING, FACILITATING, OR OBTAINING AN ABORTION THAT IS LAWFUL
UNDER NEW YORK LAW; OR
(B) INTENDING OR ATTEMPTING TO PROVIDE, FACILITATE, OR OBTAIN AN
ABORTION THAT IS LAWFUL UNDER NEW YORK LAW.
A. 3310 3
2. A CORPORATION DOMICILED IN NEW YORK STATE, WHEN SERVED WITH A
WARRANT ISSUED BY ANOTHER STATE TO PRODUCE RECORDS SHALL NOT PRODUCE
SUCH RECORDS WHEN SUCH CORPORATION KNOWS OR SHOULD KNOW THAT SUCH
WARRANT RELATES TO AN INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBIT-
ED VIOLATION.
3. (A) NO WARRANT ISSUED UPON A CORPORATION DOMICILED IN NEW YORK
STATE SHALL BE ENFORCEABLE UNLESS SUCH WARRANT INCLUDES, OR IS ACCOMPA-
NIED BY, AN ATTESTATION THAT THE EVIDENCE SOUGHT IS NOT RELATED TO AN
INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBITED VIOLATION.
(B) A CORPORATION DOMICILED IN NEW YORK STATE THAT IS SERVED WITH A
WARRANT SHALL BE ENTITLED TO RELY ON THE REPRESENTATIONS MADE IN AN
ATTESTATION DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IN DETERMIN-
ING WHETHER SUCH WARRANT RELATES TO AN INVESTIGATION INTO, OR ENFORCE-
MENT OF, A PROHIBITED VIOLATION.
§ 7. Subdivision 3-a of section 140.10 of the criminal procedure law,
as added by chapter 219 of the laws of 2022, is amended to read as
follows:
3-a. A police officer [may] SHALL not arrest any person for performing
or aiding in the performance of an abortion within this state, or in
procuring an abortion in this state, if the abortion is performed in
accordance with the provisions of article twenty-five-A of the public
health law or any other applicable law of this state.
§ 8. Section 837-w of the executive law, as added by chapter 219 of
the laws of 2022, is renumbered section 837-x and amended to read as
follows:
§ 837-x. Cooperation with certain out-of-state investigations. No
state or local law enforcement agency shall cooperate with or provide
information to any individual or out-of-state agency or department, OR,
TO THE EXTENT PERMITTED BY FEDERAL LAW, TO A FEDERAL LAW ENFORCEMENT
AGENCY, regarding the provision of a lawful abortion performed in this
state. Nothing in this section shall prohibit the investigation of any
criminal activity in this state which may involve the performance of an
abortion, provided that no information relating to any medical procedure
performed on a specific individual may be shared with an out-of-state
agency or any other individual. Nothing in this section shall prohibit
compliance with a valid, court-issued subpoena or warrant.
§ 9. This act shall take effect immediately.