What's happening
This bill requires law enforcement to obtain a warrant before using electronic tracking devices to monitor a person or object.
Why it matters
Expands privacy protections. by making it clear that law enforcement must treat the use of electronic tracking devices—like GPS—similarly to wiretaps and other forms of surveillance that require judicial oversight.
Closes a legal loophole. where previously, police could potentially track individuals or objects electronically without first obtaining a warrant, thus strengthening safeguards against warrantless surveillance.
Broadens the definition of “eavesdropping”. in New York law to explicitly include electronic tracking devices, making these practices subject to the same stringent requirements as other forms of electronic monitoring.
Impacts both individuals and property. , as the requirement applies to tracking the movement of not only people but also objects (such as vehicles or packages), offering wider protection against invasive tracking technologies.
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Who cares
Headline styles
Require Warrant for GPS Tracking
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6130
2017-2018 Regular Sessions
IN ASSEMBLY
February 23, 2017
Introduced by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. MOYA, RIVERA, RODRIGUEZ -- read once and referred 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 Assembly, do enact as follows:
Section 1. Subdivision 1 of section 700.05 of the criminal procedure law, as amended by chapter 744 of the laws of 1988, is amended to read as follows:
1. "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, or the use of an electronic tracking device, but does not include the use of a pen register or trap and trace device when authorized pursuant to article [705] seven hundred five of this chapter.
§ 2. Section 700.05 of the criminal procedure law is amended by adding a new subdivision 1-a to read as follows:
1-a. "Electronic tracking device" means an electronic or mechanical device which permits the tracking of the movement of a person or thing by means of a global positioning system or by any other means.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07933-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.