Bill Text: NY S04187 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to unlawful surveillance with the use of a GPS device.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-28 - SUBSTITUTED BY A7720B [S04187 Detail]

Download: New_York-2013-S04187-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4187--A
           Cal. No. 780
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 13, 2013
                                      ___________
       Introduced  by  Sens.  KENNEDY,  GRISANTI,  NOZZOLIO  --  read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Codes  -- reported favorably from said committee, ordered to first and
         second report,  ordered  to  a  third  reading,  amended  and  ordered
         reprinted, retaining its place in the order of third reading
       AN ACT to amend the penal law, in relation to unlawful surveillance with
         the use of a GPS device
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as "Jackie's Law".
    2    S 2. Section 250.45 of the penal law is amended by adding a new subdi-
    3  vision 5 to read as follows:
    4    5. (A) WITHOUT THE CONSENT OF A PERSON HE OR  SHE  USES,  INSTALLS  OR
    5  PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE
    6  WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON.
    7    (B)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL
    8  USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY.
    9    (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE"
   10  MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR  MOVEMENT  BY  THE  TRANS-
   11  MISSION OF ELECTRONIC SIGNALS.
   12    S 3. The penal law is amended by adding a new section 35.26 to read as
   13  follows:
   14  S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE.
   15    THE  USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION OR
   16  MOVEMENT OF A PERSON WHICH WOULD  OTHERWISE  CONSTITUTE  AN  OFFENSE  IS
   17  JUSTIFIABLE  AND  NOT  CRIMINAL  WHEN A PARENT, GUARDIAN OR OTHER PERSON
   18  ENTRUSTED WITH THE CARE AND SUPERVISION OF A PERSON  UNDER  THE  AGE  OF
   19  TWENTY-ONE  OR  AN  INCOMPETENT  PERSON,  MAY USE, INSTALL OR PERMIT THE
   20  UTILIZATION OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN,  AND
   21  TO  THE  EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY TO MAIN-
   22  TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05409-04-3
       S. 4187--A                          2
    1    S 4. This act shall take effect on the ninetieth day  after  it  shall
    2  have become a law.