NY State Senate Bill 2025-S8217A

Senate Bill S8217A

2025-2026 Legislative Session

Requires certain covered platforms to provide a process for law enforcement agencies to contact such platform, and to comply with search warrants within seventy-two hours

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2025	print number 8217a
May 28, 2025	amend and recommit to codes
May 21, 2025	referred to codes

Bill Amendments

Original

A (Active)

2025-S8217 - Details

See Assembly Version of this Bill:: A8022
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §690.60, CP L

2025-S8217 - Summary

Requires an operator of a covered platform with at least one million users to ensure that its covered platform provides a process to allow law enforcement agencies to contact such covered platform, which shall include making available a staffed hotline for the purposes of receiving and responding to questions about search warrants, acknowledging receipt of search warrants, and providing status updates on warrant compliance, and which shall provide continuous availability of such process; provides that an operator of a covered platform with at least one million users shall comply with a search warrant within seventy-two hours of receipt under certain circumstances; provides that a court may extend the time for compliance with a search warrant under certain circumstances.

2025-S8217 - Sponsor Memo

                                 
BILL NUMBER: S8217

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
certain covered platforms to provide a process for law enforcement agen-
cies to contact such platform and to comply with search warrants within
seventy-two hours

 
SUMMARY OF PROVISIONS:

3. Except as provided in subdivision four of this section or any other
law, an operator that provides a covered platform shall comply with a
search warrant within seventy-two hours after receiving such search
warrant if all of the following apply:

(a)such search warrant is provided to such operator or covered platform
by a law enforcement agency;

(b)the subject of such search warrant is information associated with a
user's account on the covered platform operated by such operator; and

(c)the information is controlled by a user of the covered platform.

 
JUSTIFICATION:

On December 19th, 2024, 16-year-old Avery Ping, connected with a drug
dealer on Snapchat to buy MDMA. Unfortunately, the drug dealer he
connected with laced the MDMA with fentanyl, poisoning him and resulted
in his death. After his death, it was discovered that law enforcement
had issued a warrant for the drug dealer's account 8 weeks before
Avery's death. On November 5th, a narcotics unit in Washington State
issued the initial warrant to Snapchat. It took 20 days for Snapchat to
respond, and when they did, they sent over very little information
because the drug dealer deleted his account between when the warrant was
issued and when Snapchat responded to the warrant. Had Snapchat
responded to the warrant in a timely manner, the drug dealer may have
been apprehended before selling Avery the laced MDMA.

While this occurred in Washington State, criminal activity endangering
youth knows no boundaries. On social media, minors in New York State can
readily obtain illicit substances in violation of New York State and
Federal Law. Additionally, minors on social media can be victimized by
sexual exploitative crimes, such as sex trafficking and sextortion.

To protect our youth on social media from those engaged in criminal
activity, this legislation will require a social media platform with at
least one million users to comply with a search warrant issued by law
enforcement within 72 hours of receiving the warrant.  An identical
provision in Colorado passed both chambers and is awaiting the Gover-
nor's signature.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S8217 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8217
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  requiring
   certain  covered  platforms  to  provide a process for law enforcement
   agencies to contact such platform and to comply with  search  warrants
   within seventy-two hours
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 690.60 to read as follows:
 § 690.60 SEARCH WARRANTS; COVERED PLATFORMS.
   1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "ADVERSE RESULT" SHALL MEAN ANY OF THE FOLLOWING:
   (I) DANGER TO THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;
   (II) FLIGHT FROM PROSECUTION;
   (III) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
   (IV) INTIMIDATION OF POTENTIAL WITNESSES; OR
   (V) SERIOUS JEOPARDY TO AN INVESTIGATION.
   (B) "COVERED MINOR" SHALL MEAN ANY USER WHO IS DETERMINED BY AN OPERA-
 TOR, VIA ONE OR MORE COMMERCIALLY REASONABLE AGE  VERIFICATION  METHODS,
 TO BE UNDER THE AGE OF EIGHTEEN.
   (C)  "COVERED  PLATFORM"  SHALL  MEAN A PUBLIC OR SEMI-PUBLIC WEBSITE,
 ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION  THAT  (I)  IS
 USED  BY  COVERED MINORS IN THIS STATE, (II) ALLOWS USERS TO CONSTRUCT A
 PUBLIC OR SEMI-PUBLIC PROFILE FOR THE PURPOSES OF  USING  SUCH  WEBSITE,
 SERVICE,  OR  APPLICATION,  AND  (III)  ALLOWS  USERS  TO CREATE OR POST
 CONTENT THAT IS VIEWABLE BY OTHER USERS, INCLUDING BUT NOT  LIMITED  TO,
 ON MESSAGE BOARDS, IN CHAT ROOMS, OR THROUGH A LANDING PAGE OR MAIN FEED
 THAT  PRESENTS THE USER WITH CONTENT GENERATED BY OTHER USERS OR ARTIFI-
 CIAL INTELLIGENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11652-03-5

 S. 8217                             2
 
   (D) "LAW ENFORCEMENT AGENCY" SHALL MEAN ANY AGENCY WHICH IS  EMPOWERED
 BY  LAW  TO  CONDUCT  AN  INVESTIGATION OR MAKE AN ARREST FOR AN OFFENSE
 UNDER THE PENAL LAW, AND AN AGENCY WHICH IS AUTHORIZED BY LAW TO  PROSE-
 CUTE  OR  PARTICIPATE  IN  THE PROSECUTION OF AN OFFENSE UNDER THE PENAL
 LAW.
   (E)  "LAW  ENFORCEMENT  OFFICER"  SHALL MEAN ANY PUBLIC SERVANT WHO IS
 EMPOWERED BY LAW TO CONDUCT AN INVESTIGATION OF OR TO MAKE AN ARREST FOR
 AN OFFENSE UNDER THE PENAL LAW, AND ANY ATTORNEY AUTHORIZED  BY  LAW  TO
 PROSECUTE  OR  PARTICIPATE  IN THE PROSECUTION OF AN OFFENSE UNDER PENAL
 LAW.
   (F) "OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL  ENTITY
 WHO OPERATES OR PROVIDES A COVERED PLATFORM.
   (G)  "SEARCH WARRANT" SHALL MEAN A SEARCH WARRANT DULY EXECUTED PURSU-
 ANT TO THE PROVISIONS OF THIS ARTICLE.
   (H) "USER" SHALL MEAN A USER OF A COVERED PLATFORM  IN  NEW  YORK  NOT
 ACTING  AS  AN OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR, OF SUCH
 PLATFORM OR ANY PORTION THEREOF.
   2. AN OPERATOR THAT PROVIDES A COVERED PLATFORM SHALL ENSURE THAT  ITS
 COVERED PLATFORM PROVIDES A STREAMLINED PROCESS TO ALLOW LAW ENFORCEMENT
 AGENCIES  TO  CONTACT  SUCH  COVERED  PLATFORM. SUCH PROCESS SHALL, AT A
 MINIMUM:
   (A) MAKE AVAILABLE A STAFFED HOTLINE FOR LAW ENFORCEMENT OFFICERS  FOR
 THE PURPOSES OF:
   (I)  RECEIVING AND RESPONDING TO QUESTIONS ABOUT SEARCH WARRANTS TWEN-
 TY-FOUR HOURS A DAY;
   (II) ACKNOWLEDGING RECEIPT OF A SEARCH WARRANT WITHIN EIGHT  HOURS  OF
 RECEIPT; AND
   (III)  PROVIDING  STATUS  UPDATES  ON  SEARCH  WARRANT COMPLIANCE TO A
 REQUESTING LAW ENFORCEMENT AGENCY, WHICH SHALL INCLUDE:
   (1) A METHOD TO PROVIDE REGULAR STATUS UPDATES  TO  A  REQUESTING  LAW
 ENFORCEMENT  AGENCY  IN  RESPONSE  TO  A QUESTION PERTAINING TO A SEARCH
 WARRANT;
   (2) AN ACKNOWLEDGEMENT OF RECEIPT OF A SEARCH  WARRANT  IN  COMPLIANCE
 WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH; AND
   (3) THE STATUS OF FULFILLING A REQUEST OF A SEARCH WARRANT; AND
   (B) PROVIDE CONTINUOUS AVAILABILITY OF SUCH PROCESS TO LAW ENFORCEMENT
 AGENCIES.
   3. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION OR ANY OTHER
 LAW,  AN  OPERATOR  THAT PROVIDES A COVERED PLATFORM SHALL COMPLY WITH A
 SEARCH WARRANT WITHIN SEVENTY-TWO  HOURS  AFTER  RECEIVING  SUCH  SEARCH
 WARRANT IF ALL OF THE FOLLOWING APPLY:
   (A)  SUCH SEARCH WARRANT IS PROVIDED TO SUCH OPERATOR OR COVERED PLAT-
 FORM BY A LAW ENFORCEMENT AGENCY;
   (B) THE SUBJECT OF SUCH SEARCH WARRANT IS INFORMATION ASSOCIATED  WITH
 A USER'S ACCOUNT ON THE COVERED PLATFORM OPERATED BY SUCH OPERATOR; AND
   (C) THE INFORMATION IS CONTROLLED BY A USER OR PROVIDER OF THE COVERED
 PLATFORM.
   4.  A  COURT  MAY REASONABLY EXTEND THE TIME REQUIRED TO COMPLY WITH A
 SEARCH WARRANT PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION,  IF  THE
 COURT  MAKES A WRITTEN FINDING THAT THE OPERATOR OR COVERED PLATFORM HAS
 SHOWN GOOD CAUSE FOR THE EXTENSION AND THAT AN EXTENSION WOULD NOT CAUSE
 AN ADVERSE RESULT.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AN  ONLINE  PLAT-
 FORM WITH FEWER THAN ONE MILLION DISCRETE MONTHLY USERS.
   6. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, WHENEVER IT APPEARS
 TO  THE  ATTORNEY GENERAL, UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON,
 S. 8217                             3
 
 WITHIN OR OUTSIDE  THE  STATE,  HAS  VIOLATED  THE  PROVISIONS  OF  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:
   (A) ENJOIN ANY SUCH VIOLATION;
   (B)  OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR
 INDIRECTLY BY ANY SUCH VIOLATION;
   (C) OBTAIN DISGORGEMENT OF ANY PROFITS OR GAINS OBTAINED  DIRECTLY  OR
 INDIRECTLY BY ANY SUCH VIOLATION;
   (D)   OBTAIN  DAMAGES  CAUSED  DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH
 VIOLATION;
   (E) OBTAIN  CIVIL  PENALTIES  OF  UP  TO  FIVE  THOUSAND  DOLLARS  PER
 VIOLATION; AND
   (F)  OBTAIN  ANY  SUCH  OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM
 PROPER, INCLUDING PRELIMINARY RELIEF.
   § 2. This act shall take effect immediately.

2025-S8217A (ACTIVE) - Details

See Assembly Version of this Bill:: A8022
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §690.60, CP L

2025-S8217A (ACTIVE) - Summary

2025-S8217A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8217A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
certain covered platforms to provide a process for law enforcement agen-
cies to contact such platform and to comply with search warrants within
seventy-two hours

 
SUMMARY OF PROVISIONS:

3. Except as provided in subdivision four of this section or any other
law, an operator that provides a covered platform shall comply with a
search warrant within seventy-two hours after receiving such search
warrant if all of the following apply:

(a)such search warrant is provided to such operator or covered platform
by a law enforcement agency;

(b)the subject of such search warrant is information associated with a
user's account on the covered platform operated by such operator; and

(c)the information is controlled by a user of the covered platform.

 
JUSTIFICATION:

On December 19th, 2024, 16-year-old Avery Ping, connected with a drug
dealer on Snapchat to buy MDMA. Unfortunately, the drug dealer he
connected with laced the MDMA with fentanyl, poisoning him and resulted
in his death. After his death, it was discovered that law enforcement
had issued a warrant for the drug dealer's account 8 weeks before
Avery's death. On November 5th, a narcotics unit in Washington State
issued the initial warrant to Snapchat. It took 20 days for Snapchat to
respond, and when they did, they sent over very little information
because the drug dealer deleted his account between when the warrant was
issued and when Snapchat responded to the warrant. Had Snapchat
responded to the warrant in a timely manner, the drug dealer may have
been apprehended before selling Avery the laced MDMA.

While this occurred in Washington State, criminal activity endangering
youth knows no boundaries. On social media, minors in New York State can
readily obtain illicit substances in violation of New York State and
Federal Law. Additionally, minors on social media can be victimized by
sexual exploitative crimes, such as sex trafficking and sextortion.

To protect our youth on social media from those engaged in criminal
activity, this legislation will require a social media platform with at
least one million users to comply with a search warrant issued by law
enforcement within 72 hours of receiving the warrant. An identical
provision in Colorado passed both chambers and is awaiting the Gover-
nor's signature.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
his act shall take effect immediately

2025-S8217A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8217--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 requiring
   certain covered platforms to provide a  process  for  law  enforcement
   agencies  to  contact such platform and to comply with search warrants
   within seventy-two hours
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 690.60 to read as follows:
 § 690.60 SEARCH WARRANTS; COVERED PLATFORMS.
   1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A) "ADVERSE RESULT" SHALL MEAN ANY OF THE FOLLOWING:
   (I) DANGER TO THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;
   (II) FLIGHT FROM PROSECUTION;
   (III) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
   (IV) INTIMIDATION OF POTENTIAL WITNESSES; OR
   (V) SERIOUS JEOPARDY TO AN INVESTIGATION.
   (B) "COVERED MINOR" SHALL MEAN ANY USER WHO IS DETERMINED BY AN OPERA-
 TOR,  VIA  ONE OR MORE COMMERCIALLY REASONABLE AGE VERIFICATION METHODS,
 TO BE UNDER THE AGE OF EIGHTEEN.
   (C) "COVERED PLATFORM" SHALL MEAN A  PUBLIC  OR  SEMI-PUBLIC  WEBSITE,
 ONLINE  SERVICE,  ONLINE  APPLICATION, OR MOBILE APPLICATION THAT (I) IS
 USED BY COVERED MINORS IN THIS STATE, (II) ALLOWS USERS TO  CONSTRUCT  A
 PUBLIC  OR  SEMI-PUBLIC  PROFILE FOR THE PURPOSES OF USING SUCH WEBSITE,
 SERVICE, OR APPLICATION, AND  (III)  ALLOWS  USERS  TO  CREATE  OR  POST
 CONTENT  THAT  IS VIEWABLE BY OTHER USERS, INCLUDING BUT NOT LIMITED TO,
 ON MESSAGE BOARDS, IN CHAT ROOMS, OR THROUGH A LANDING PAGE OR MAIN FEED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11652-05-5

 S. 8217--A                          2
 
 THAT PRESENTS THE USER WITH CONTENT GENERATED BY OTHER USERS OR  ARTIFI-
 CIAL INTELLIGENCE.
   (D)  "LAW ENFORCEMENT AGENCY" SHALL MEAN ANY AGENCY WHICH IS EMPOWERED
 BY LAW TO CONDUCT AN INVESTIGATION OR MAKE  AN  ARREST  FOR  AN  OFFENSE
 UNDER  THE PENAL LAW, AND AN AGENCY WHICH IS AUTHORIZED BY LAW TO PROSE-
 CUTE OR PARTICIPATE IN THE PROSECUTION OF AN  OFFENSE  UNDER  THE  PENAL
 LAW.
   (E)  "LAW  ENFORCEMENT  OFFICER"  SHALL MEAN ANY PUBLIC SERVANT WHO IS
 EMPOWERED BY LAW TO CONDUCT AN INVESTIGATION OF OR TO MAKE AN ARREST FOR
 AN OFFENSE UNDER THE PENAL LAW, AND ANY ATTORNEY AUTHORIZED  BY  LAW  TO
 PROSECUTE  OR  PARTICIPATE  IN THE PROSECUTION OF AN OFFENSE UNDER PENAL
 LAW.
   (F) "OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL  ENTITY
 WHO OPERATES OR PROVIDES A COVERED PLATFORM.
   (G)  "SEARCH WARRANT" SHALL MEAN A SEARCH WARRANT DULY EXECUTED PURSU-
 ANT TO THE PROVISIONS OF THIS ARTICLE.
   (H) "USER" SHALL MEAN A USER OF A COVERED PLATFORM  IN  NEW  YORK  NOT
 ACTING  AS  AN OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR, OF SUCH
 PLATFORM OR ANY PORTION THEREOF.
   2. AN OPERATOR THAT PROVIDES A COVERED PLATFORM SHALL ENSURE THAT  ITS
 COVERED PLATFORM PROVIDES A STREAMLINED PROCESS TO ALLOW LAW ENFORCEMENT
 AGENCIES  TO  CONTACT  SUCH  COVERED  PLATFORM. SUCH PROCESS SHALL, AT A
 MINIMUM:
   (A) MAKE AVAILABLE A STAFFED HOTLINE FOR LAW ENFORCEMENT OFFICERS  FOR
 THE PURPOSES OF:
   (I)  RECEIVING AND RESPONDING TO QUESTIONS ABOUT SEARCH WARRANTS TWEN-
 TY-FOUR HOURS A DAY;
   (II) ACKNOWLEDGING RECEIPT OF A SEARCH WARRANT WITHIN EIGHT  HOURS  OF
 RECEIPT; AND
   (III)  PROVIDING  STATUS  UPDATES  ON  SEARCH  WARRANT COMPLIANCE TO A
 REQUESTING LAW ENFORCEMENT AGENCY, WHICH SHALL INCLUDE:
   (1) A METHOD TO PROVIDE REGULAR STATUS UPDATES  TO  A  REQUESTING  LAW
 ENFORCEMENT  AGENCY  IN  RESPONSE  TO  A QUESTION PERTAINING TO A SEARCH
 WARRANT;
   (2) AN ACKNOWLEDGEMENT OF RECEIPT OF A SEARCH  WARRANT  IN  COMPLIANCE
 WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH; AND
   (3) THE STATUS OF FULFILLING A REQUEST OF A SEARCH WARRANT; AND
   (B) PROVIDE CONTINUOUS AVAILABILITY OF SUCH PROCESS TO LAW ENFORCEMENT
 AGENCIES.
   3. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION OR ANY OTHER
 LAW,  AN  OPERATOR  THAT PROVIDES A COVERED PLATFORM SHALL COMPLY WITH A
 SEARCH WARRANT WITHIN SEVENTY-TWO  HOURS  AFTER  RECEIVING  SUCH  SEARCH
 WARRANT IF ALL OF THE FOLLOWING APPLY:
   (A)  SUCH SEARCH WARRANT IS PROVIDED TO SUCH OPERATOR OR COVERED PLAT-
 FORM BY A LAW ENFORCEMENT AGENCY;
   (B) THE SUBJECT OF SUCH SEARCH WARRANT IS INFORMATION ASSOCIATED  WITH
 A USER'S ACCOUNT ON THE COVERED PLATFORM OPERATED BY SUCH OPERATOR; AND
   (C) THE INFORMATION IS CONTROLLED BY A USER OR OPERATOR OF THE COVERED
 PLATFORM.
   4.  A  COURT  MAY REASONABLY EXTEND THE TIME REQUIRED TO COMPLY WITH A
 SEARCH WARRANT PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION,  IF  THE
 COURT  MAKES A WRITTEN FINDING THAT THE OPERATOR OR COVERED PLATFORM HAS
 SHOWN GOOD CAUSE FOR THE EXTENSION AND THAT AN EXTENSION WOULD NOT CAUSE
 AN ADVERSE RESULT.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AN  ONLINE  PLAT-
 FORM WITH FEWER THAN ONE MILLION DISCRETE MONTHLY USERS.
 S. 8217--A                          3

   6. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, WHENEVER IT APPEARS
 TO  THE  ATTORNEY GENERAL, UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON,
 WITHIN OR OUTSIDE  THE  STATE,  HAS  VIOLATED  THE  PROVISIONS  OF  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:
   (A) ENJOIN ANY SUCH VIOLATION;
   (B)  OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR
 INDIRECTLY BY ANY SUCH VIOLATION;
   (C) OBTAIN DISGORGEMENT OF ANY PROFITS OR GAINS OBTAINED  DIRECTLY  OR
 INDIRECTLY BY ANY SUCH VIOLATION;
   (D)   OBTAIN  DAMAGES  CAUSED  DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH
 VIOLATION;
   (E) OBTAIN  CIVIL  PENALTIES  OF  UP  TO  FIVE  THOUSAND  DOLLARS  PER
 VIOLATION; AND
   (F)  OBTAIN  ANY  SUCH  OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM
 PROPER, INCLUDING PRELIMINARY RELIEF.
   § 2. This act shall take effect immediately.

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