Bill Text: NY S04731 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to issuing warrants for mobile tracking devices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S04731 Detail]
Download: New_York-2013-S04731-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4731
2013-2014 Regular Sessions
I N S E N A T E
April 19, 2013
___________
Introduced by Sen. GOLDEN -- (at request of the Office of Court Adminis-
tration) -- 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 issuing
warrants for mobile tracking devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 2 of section 690.05 of the
2 criminal procedure law, as amended by chapter 504 of the laws of 1991,
3 is amended to read as follows:
4 (b) a search of a designated premises for the purpose of searching for
5 and arresting a person who is the subject of: (i) a warrant of arrest
6 issued pursuant to this chapter, a superior court warrant of arrest
7 issued pursuant to this chapter, or a bench warrant for a felony issued
8 pursuant to this chapter, where the designated premises is the dwelling
9 of a third party who is not the subject of the arrest warrant; or
10 (ii) a warrant of arrest issued by any other state or federal court
11 for an offense which would constitute a felony under the laws of this
12 state, where the designated premises is the dwelling of a third party
13 who is not the subject of the arrest warrant; OR
14 (C) THE INSTALLATION, MAINTENANCE, AND MONITORING OF A MOBILE TRACKING
15 DEVICE IN ACCORDANCE WITH SECTION 690.60.
16 S 2. The criminal procedure law is amended by adding a new section
17 690.60 to read as follows:
18 S 690.60 MOBILE TRACKING DEVICES.
19 1. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE
20 FOLLOWING MEANINGS:
21 (A) "MOBILE TRACKING DEVICE" MEANS AN ELECTRONIC OR MECHANICAL DEVICE
22 AFFIXED TO A PERSON OR OBJECT, INCLUDING A VEHICLE, WHICH PERMITS THE
23 TRACKING OF THE MOVEMENT OF THAT PERSON OR OBJECT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09838-01-3
S. 4731 2
1 (B) "USE OF A MOBILE TRACKING DEVICE" MEANS THE INSTALLATION, MAINTE-
2 NANCE, AND MONITORING OF A MOBILE TRACKING DEVICE.
3 2. APPLICATION FOR A MOBILE TRACKING DEVICE WARRANT. AN APPLICATION
4 FOR A WARRANT TO USE A MOBILE TRACKING DEVICE SHALL BE IN WRITING AND BE
5 MADE TO A LOCAL CRIMINAL COURT. THE APPLICATION SHALL CONTAIN:
6 (A) THE NAME OF THE COURT AND THE NAME AND TITLE OF THE APPLICANT;
7 (B) THE IDENTITY, IF KNOWN, OF THE PERSON OR PERSONS WHO ARE THE
8 SUBJECT OF THE INVESTIGATION IN WHICH USE OF THE MOBILE TRACKING DEVICE
9 IS SOUGHT;
10 (C) A FULL AND COMPLETE STATEMENT OF THE FACTS AND CIRCUMSTANCES
11 RELIED UPON BY THE APPLICANT, TO JUSTIFY HIS OR HER BELIEF THAT A
12 WARRANT TO USE A MOBILE TRACKING DEVICE SHOULD BE ISSUED, INCLUDING A
13 STATEMENT OF FACTS ESTABLISHING PROBABLE CAUSE TO BELIEVE THAT A PARTIC-
14 ULAR CRIME HAS BEEN, IS BEING, OR IS ABOUT TO BE COMMITTED, AND PROBABLE
15 CAUSE TO BELIEVE THAT A MOBILE TRACKING DEVICE WILL RESULT IN EVIDENCE
16 TENDING TO PROVE COMMISSION OF THE DESIGNATED CRIME OR THE WHEREABOUTS
17 OF THE PERSON WHO IS THE SUBJECT OF THE INVESTIGATION IN WHICH USE OF
18 THE MOBILE TRACKING DEVICE IS SOUGHT AND AS TO WHOM PROBABLE CAUSE TO
19 BELIEVE SUCH PERSON HAS COMMITTED THE CRIME EXISTS;
20 (D) A STATEMENT OF THE IDENTITY AND CURRENT LOCATION, IF KNOWN, OF THE
21 PERSON OR OBJECT TO WHICH A MOBILE TRACKING DEVICE WILL BE ATTACHED,
22 PLACED, OR OTHERWISE INSTALLED; AND
23 (E) A STATEMENT OF THE PERIOD OF TIME FOR WHICH THE USE OF A MOBILE
24 TRACKING DEVICE IS REQUIRED TO BE MAINTAINED.
25 3. MOBILE TRACKING DEVICE WARRANT; FORM AND CONTENT. UPON AN APPLICA-
26 TION MADE UNDER SUBDIVISION TWO OF THIS SECTION, THE COURT, UPON A FIND-
27 ING THAT PROBABLE CAUSE EXISTS TO SUPPORT ISSUING A WARRANT, SHALL ENTER
28 AN EX PARTE ORDER AUTHORIZING THE USE OF A MOBILE TRACKING DEVICE. THE
29 ORDER SHALL SPECIFY:
30 (A) THE NAME OF THE APPLICANT, DATE OF ISSUANCE, AND THE SUBSCRIPTION
31 AND TITLE OF THE ISSUING JUDGE;
32 (B) THE IDENTITY, IF KNOWN, OF THE PERSON WHO IS THE SUBJECT OF THE
33 INVESTIGATION;
34 (C) THE IDENTITY OF THE PERSON OR A DESCRIPTION OF THE OBJECT TO WHICH
35 THE MOBILE TRACKING DEVICE IS TO BE ATTACHED, PLACED, OR OTHERWISE
36 INSTALLED, IF INSTALLATION IS NECESSARY;
37 (D) THE NUMBER OF MOBILE TRACKING DEVICES TO BE USED AND THE GEOGRAPH-
38 ICAL LOCATION WHERE THE DEVICES ARE TO BE USED, IF AND TO THE EXTENT
39 SUCH LOCATIONS CAN BE SPECIFIED;
40 (E) THE PERIOD OF TIME DURING WHICH THE USE OF A MOBILE TRACKING
41 DEVICE IS AUTHORIZED, WHICH SHALL NOT EXCEED THE TIME PERIOD PROVIDED IN
42 SUBDIVISION FOUR OF THIS SECTION;
43 (F) WHETHER AUTHORIZATION TO ENTER UPON A PRIVATE PLACE OR PREMISE FOR
44 THE PLACEMENT, REMOVAL OR PERMANENT INACTIVATION OF SUCH DEVICE IS
45 SOUGHT;
46 (G) WHETHER PERMISSION IS GRANTED TO RE-ACCESS THE DEVICE FOR MAINTE-
47 NANCE DURING THE AUTHORIZATION PERIOD; AND
48 (H) THE IDENTITY OF THE LAW ENFORCEMENT AGENCY AUTHORIZED TO USE THE
49 MOBILE TRACKING DEVICE.
50 4. MOBILE TRACKING DEVICE WARRANTS; TIME PERIOD AND EXTENSIONS.
51 (A) A WARRANT ISSUED UNDER THIS SECTION SHALL AUTHORIZE THE USE OF A
52 MOBILE TRACKING DEVICE FOR A PERIOD NOT TO EXCEED FORTY-FIVE DAYS, OR
53 THE PERIOD NECESSARY TO ACHIEVE THE OBJECTIVE OF THE WARRANT, WHICHEVER
54 IS LESS.
55 (B) EXTENSIONS OF THE WARRANT MAY BE GRANTED ONLY UPON REAPPLICATION
56 ESTABLISHING PROBABLE CAUSE TO JUSTIFY THE CONTINUED USE OF A MOBILE
S. 4731 3
1 TRACKING DEVICE. THIS PERIOD OF THE EXTENSION SHALL NOT EXCEED THIRTY
2 DAYS.
3 5. EXECUTION OF MOBILE TRACKING DEVICE WARRANT; TO WHOM ADDRESSED.
4 (A) A WARRANT TO USE A MOBILE TRACKING DEVICE ISSUED BY A DISTRICT
5 COURT, THE NEW YORK CITY CRIMINAL COURT, OR A SUPERIOR COURT JUDGE
6 SITTING AS A LOCAL CRIMINAL COURT MAY BE EXECUTED PURSUANT TO ITS TERMS
7 ANYWHERE IN THE STATE, AND IF ISSUED BY A TOWN, VILLAGE OR CITY COURT IT
8 MAY BE EXECUTED PURSUANT TO ITS TERMS ONLY IN THE COUNTY OF ISSUANCE OR
9 AN ADJOINING COUNTY; PROVIDED, HOWEVER, THAT AFTER A MOBILE TRACKING
10 DEVICE IS ATTACHED IN ACCORDANCE WITH THE TERMS OF THIS SUBDIVISION, IT
11 MAY BE MONITORED ANYWHERE IN THE STATE.
12 (B) A WARRANT TO USE A MOBILE TRACKING DEVICE MUST BE ADDRESSED TO A
13 POLICE OFFICER WHOSE GEOGRAPHICAL AREA OF EMPLOYMENT EMBRACES OR IS
14 EMBRACED OR PARTIALLY EMBRACED BY THE COUNTY OF ISSUANCE OR THE COUNTY
15 WHERE THE TRACKING DEVICE IS TO BE INSTALLED. THE WARRANT NEED NOT BE
16 ADDRESSED TO A SPECIFIC POLICE OFFICER BUT MAY BE ADDRESSED TO ANY
17 POLICE OFFICER OF A DESIGNATED CLASSIFICATION, OR TO ANY POLICE OFFICER
18 OF ANY CLASSIFICATION EMPLOYED OR HAVING GENERAL JURISDICTION TO ACT AS
19 A POLICE OFFICER IN THE COUNTY.
20 (C) A WARRANT TO USE A MOBILE TRACKING DEVICE SHALL BE EXECUTED NOT
21 MORE THAN TEN DAYS AFTER THE DATE OF ISSUANCE.
22 6. MOBILE TRACKING DEVICE WARRANTS; NOTICE. WITHIN NINETY DAYS AFTER
23 THE USE OF THE MOBILE TRACKING DEVICE HAS ENDED, THE OFFICER EXECUTING A
24 WARRANT FOR USE OF A MOBILE TRACKING DEVICE SHALL SERVE A COPY OF THE
25 WARRANT ON THE PERSON WHO IS THE SUBJECT OF THE INVESTIGATION AS
26 PROVIDED IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION OR, IF
27 UNKNOWN, THE OWNER OF THE PROPERTY THAT WAS TRACKED. ON A SHOWING OF
28 GOOD CAUSE TO THE ISSUING JUDGE OR JUSTICE, THE SERVICE OF THE NOTICE
29 MAY BE POSTPONED BY ORDER OF SUCH JUDGE OR JUSTICE FOR A REASONABLE
30 PERIOD OF TIME. RENEWALS OF AN ORDER OF POSTPONEMENT MAY BE OBTAINED ON
31 A NEW SHOWING OF GOOD CAUSE.
32 7. MOBILE TRACKING DEVICE WARRANTS; REMOVAL. UPON TERMINATION OF
33 AUTHORIZATION IN THE WARRANT, THE MONITORING OF THE MOBILE TRACKING
34 DEVICE MUST CEASE AND AS SOON AS PRACTICABLE THEREAFTER ANY MOBILE
35 TRACKING DEVICE INSTALLED FOR SUCH PURPOSE EITHER MUST BE REMOVED OR
36 MUST BE PERMANENTLY INACTIVATED BY ANY MEANS APPROVED BY THE ISSUING
37 JUDGE OR JUSTICE.
38 8. MOBILE TRACKING DEVICE WARRANTS; EXIGENT CIRCUMSTANCES. UPON A
39 SHOWING IN THE APPLICATION THAT EXIGENT CIRCUMSTANCES EXISTED AT THE
40 TIME OF ACTUAL INSTALLATION THAT PRECLUDED OBTAINING A WARRANT THROUGH
41 APPLICATION PRIOR TO INSTALLATION, THE COURT MAY AUTHORIZE THE CONTINUED
42 USE OF THE MOBILE TRACKING DEVICE, EFFECTIVE FROM THE DATE OF ACTUAL
43 INSTALLATION, FOR A PERIOD NOT TO EXCEED THIRTY DAYS. AN APPLICATION
44 PURSUANT TO THIS SUBDIVISION SHALL BE MADE WITHIN FORTY-EIGHT HOURS
45 AFTER ACTUAL INSTALLATION.
46 S 3. This act shall take effect immediately.
