What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires the issuance of a warrant for the use of electronic tracking devices
In Assembly Committee · Codes · Sponsor Hakeem Jeffries
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to requiring the issuance of a warrant for the use of electronic tracking devices
Purpose
To require a warrant in accordance with the issuance of an electronic tracking device.
Summary of provisions
Section 1. Subdivision 1 of section 700.05 of the criminal procedure law, as amended by chapter 744 of the laws would be amended to include the use of electronic tracking devices.
Existing law
Under the New York State Criminal Procedure Law section 700.05 "Eavesdropping" means "wiretapping", "mechanical overhearing of conversation," or the "intercepting or accessing of an electronic communication", as those terms are defined in section 250.00 of the penal law, but does not include the use of a pen register or trap and trace device when authorized pursuant to article 705 of this chapter.
Justification
To amend the current law to include provision for usage of electronic tracking devices. Recently a criminal case in Albany has pitted the concerns of an individual's right to privacy against the ability of officers to use the latest surveillance technologies against suspected criminals. Albany County District Attorney David Soares has defended the use of GPS technology in the case against a man who was convicted of burglary after police placed a tracking device on his van without obtaining a warrant, while still under appeal this case may provide a precedent setting decision with regard to allowable surveillance techniques. We want to provide law enforcement with all the tools necessary to properly discharge their ability to serve and protect the public, however we want to ensure that due process is followed in all instances.
Legislative history
This is a new bill.
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.