Bill Text: NY S04818 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires the issuance of a warrant for the use of electronic tracking devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S04818 Detail]

Download: New_York-2009-S04818-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4818
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  MONSERRATE  -- 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 the
         issuance of a warrant for the use of electronic tracking devices
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 700.05 of the criminal procedure
    2  law, as amended by chapter 744 of the laws of 1988, is amended  to  read
    3  as follows:
    4    1.  "Eavesdropping"  means  "wiretapping",  "mechanical overhearing of
    5  conversation[,"] ", [or the] "intercepting or accessing of an electronic
    6  communication", as those terms are defined  in  section  250.00  of  the
    7  penal  law,  OR  THE  USE OF AN ELECTRONIC TRACKING DEVICE, but does not
    8  include the use of a pen register or trap and trace device when  author-
    9  ized pursuant to article 705 of this chapter.
   10    S 2. Section 700.05 of the criminal procedure law is amended by adding
   11  a new subdivision 1-a to read as follows:
   12    1-A.  "ELECTRONIC  TRACKING  DEVICE" MEANS AN ELECTRONIC OR MECHANICAL
   13  DEVICE WHICH PERMITS THE TRACKING OF THE MOVEMENT OF A PERSON  OR  THING
   14  BY MEANS OF A GLOBAL POSITIONING SYSTEM OR BY ANY OTHER MEANS.
   15    S  3.  This  act shall take effect on the thirtieth day after it shall
   16  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11424-01-9