Bill Text: NY S08183 | 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 11-0)

Status: (Introduced - Dead) 2020-04-13 - REFERRED TO CODES [S08183 Detail]

Download: New_York-2019-S08183-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8183

                    IN SENATE

                                     April 13, 2020
                                       ___________

        Introduced  by  Sen.  MYRIE  -- 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  prohibiting
          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

          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  § 695.00 Definitions. As used in this article, the following terms shall
    14             have the following meanings:
    15    1. "Reverse location court order" means any court order,  including  a
    16  search  warrant,  compelling  the  disclosure  of records or information
    17  pertaining to electronic devices or their users or owners,  whose  scope
    18  extends  to  an  unknown number of electronic devices present in a given
    19  geographic area at a given  time  as  measured  via  global  positioning
    20  system  coordinates,  cell  tower connectivity, and/or any other form of
    21  location detection.
    22    2. "Voluntary reverse location  request"  means  any  request  in  the
    23  absence  of  a  court  order by a law enforcement officer for records or
    24  information pertaining to electronic devices or their users  or  owners,
    25  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.
                                                                   LBD16069-01-0
        S. 8183                             2

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