Bill Text: NY A10246 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits 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.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2020-06-10 - print number 10246a [A10246 Detail]

Download: New_York-2019-A10246-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10246

                   IN ASSEMBLY

                                      April 8, 2020
                                       ___________

        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law, in relation  to  prohibiting
          the  search  of geolocation data of a group of people who are under no
          individual suspicion of having committed a crime

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "reverse location search prohibition act".
     3    § 2. The criminal procedure law is amended by adding a new article 695
     4  to read as follows:
     5                                 ARTICLE 695
     6                          REVERSE LOCATION SEARCHES
     7  Section 695.00 Definitions.
     8          695.10 Issuance of reverse location court orders.
     9          695.20 Execution of reverse location searches.
    10          695.30 Reverse location searches; suppression of evidence.
    11          695.40 Reverse location searches; private right of action.
    12          695.50 Physical searches excluded.
    13          695.60 Immunity from suspension.
    14  § 695.00 Definitions.
    15    As used in this article, the following terms have the following  mean-
    16  ings:
    17    1.  "Reverse  location court order" means any court order, including a
    18  search warrant, compelling the  disclosure  of  records  or  information
    19  pertaining  to  electronic devices or their users or owners, whose scope
    20  extends to an unknown number of electronic devices present  in  a  given
    21  geographic  area  at  a  given  time  as measured via global positioning
    22  system coordinates, cell  tower  connectivity,  or  any  other  form  of
    23  location detection.
    24    2.  "Voluntary  reverse  location  request"  means  any request in the
    25  absence of a court order by a law enforcement  officer  for  records  or
    26  information  pertaining  to electronic devices or their users or owners,
    27  whose scope extends to an unknown number of electronic  devices  present

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15834-02-0
        A. 10246                            2

     1  in a given geographic area at a given time, whether such device location
     2  is  measured  via  global  positioning  system  coordinators, cell tower
     3  connectivity, or any other form of location detection.
     4    3. "Law enforcement officer" means any public servant who is empowered
     5  by  law to conduct an investigation or to make an arrest, and any attor-
     6  ney authorized by law to prosecute or participate in the prosecution  of
     7  an offense.
     8  § 695.10 Issuance of reverse location court orders.
     9    No court shall issue a reverse location court order.
    10  § 695.20 Execution of reverse location searches.
    11    1.  No  law  enforcement officer shall seek, from any court, a reverse
    12  location court order.
    13    2. No law enforcement officer shall make a voluntary reverse  location
    14  request.
    15  § 695.30 Reverse location searches; suppression of evidence.
    16    1.  Upon motion from a defendant, a court shall order that evidence be
    17  suppressed or excluded if the court finds that such evidence:
    18    (a) Consists of a record acquired via a reverse location  court  order
    19  or voluntary reverse location request; or
    20    (b)  Was  obtained  as  a  result  of  other evidence obtained under a
    21  reverse location court order or voluntary reverse location request.
    22    2. This section shall apply regardless of the court which  issued  the
    23  order  and regardless of whether the issuance of the order was permissi-
    24  ble under the procedures of that court.
    25  § 695.40 Reverse location searches; private right of action.
    26    1. Any individual whose records were obtained  by  a  law  enforcement
    27  officer  in  violation of section 695.20 of this article may institute a
    28  civil action against the employing agency of the law enforcement officer
    29  for any of the following:
    30    (a) To recover one thousand dollars per violation or  actual  damages,
    31  whichever is greater.
    32    (b) Punitive damages.
    33    (c) Injunctive or declaratory relief.
    34    (d) Any other relief the court deems proper.
    35    2.  In  assessing  the  amount  of  punitive  damages, the court shall
    36  consider:
    37    (a) The number of people whose information was disclosed.
    38    (b) The proximity of the search to locations with  heightened  privacy
    39  concerns,  including,  but  not limited to, houses of worship, political
    40  protests, and medical facilities.
    41    (c) The persistence of violations by the  particular  law  enforcement
    42  agency.
    43    3.  In  any  action  brought  under  this section, the court may award
    44  reasonable attorneys' fees to a prevailing plaintiff.
    45  § 695.50 Physical searches excluded.
    46    The limitations of this article shall not apply to the search  of  any
    47  electronic  device  lawfully  seized pursuant to a search warrant issued
    48  under article six hundred ninety of this title.
    49  § 695.60 Immunity from suspension.
    50    No provision of this article shall be suspended by the governor  under
    51  the authority granted in section twenty-nine-a of the executive law.
    52    § 3. This act shall take effect immediately.