Assembly Bill A2210

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2210
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  out-of-state
   investigations  and warrants regarding legally protected health activ-
   ity 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 705.10 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
 REGISTER  OR A TRAP AND TRACE DEVICE FOR THE PURPOSE OF INVESTIGATING OR
 RECOVERING EVIDENCE OF A LEGALLY PROTECTED HEALTH ACTIVITY,  AS  DEFINED
 IN SECTION 570.17 OF THIS ARTICLE.
   § 2. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05519-01-5
 A. 2210                             2
              

 
   [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  LEGALLY  PROTECTED  HEALTH  ACTIVITY,  AS
 DEFINED IN SECTION 570.17 OF THIS ARTICLE.
   § 3. 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 LEGALLY PROTECTED HEALTH ACTIV-
 ITY, AS DEFINED IN SECTION 570.17 OF THIS ARTICLE.
   § 4. 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.  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  LEGALLY
 PROTECTED HEALTH ACTIVITY, AS DEFINED IN SECTION 570.17 OF THIS ARTICLE.
   2.  (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 LEGALLY PROTECTED HEALTH ACTIV-
 ITY, AS DEFINED IN SECTION 570.17 OF THIS ARTICLE.
   (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 LEGALLY PROTECTED HEALTH  ACTIVITY,  AS  DEFINED  IN  SECTION
 570.17 OF THIS ARTICLE.
   § 5. This act shall take effect immediately.