A10193 Summary:

BILL NO    A10193 

SAME AS    No same as 

SPONSOR    Rules (Nolan)

COSPNSR    Peoples-Stokes, Silver, Morelle, Gottfried, Lentol, Weisenberg,
           Glick, Ortiz, Lifton, Kavanagh, Russell, Barrett, Mayer, Braunstein,
           McDonald, Arroyo, Benedetto, Brennan, Brindisi, Bronson,
           Brook-Krasny, Ceretto, Clark, Cook, Crespo, Crouch, Cusick,
           Cymbrowitz, Davila, DenDekker, Duprey, Englebright, Farrell,
           Fitzpatrick, Galef, Gantt, Gjonaj, Hennessey, Jaffee, Lavine,
           Lupardo, Magee, Magnarelli, Markey, Miller, O'Donnell, Otis, Ramos,
           Roberts, Robinson, Ryan, Scarborough, Schimminger, Sepulveda,
           Simotas, Skartados, Solages, Steck, Stirpe, Sweeney, Thiele,
           Zebrowski

MLTSPNSR   

Add S250.75, Pen L; add S50-f, Civ Rts L

Establishes a crime for unlawful surveillance through the use of GPS or similar
technology.
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A10193 Actions:

BILL NO    A10193 

10/27/2014 referred to codes
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A10193 Votes:

There are no votes for this bill in this legislative session.
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A10193 Memo:

BILL NUMBER:A10193

TITLE  OF  BILL:    An act to amend the penal law and the civil rights
law, in relation to the unlawful surveillance of an  individual  using
GPS or similar technology

PURPOSE:

This  bill  creates  a  new  crime  and  civil cause of action for the
unlawful use of a GPS device to track the location of an individual

SUMMARY OF PROVISIONS:

Section one of the bill creates a new crime of  unlawful  surveillance
by  global  positioning  system  or  similar  technology when a person
places a GPS or similar device  upon  a  vehicle  or  upon  a  person,
without  such  other person's knowledge or consent, for the purpose of
monitoring or determining the location of such vehicle or person.  The
penalty would be a class B misdemeanor.

When the device is placed in or on a motor vehicle, it is a defense to
this crime that the tracking was used for a legitimate purpose and the
person  who was tracked had a minimal expectation of privacy. The bill
provides that a reasonable expectation of privacy is not  extinguished
by the mere presence of a motor vehicle in a public place.

Additionally, this crime shall not apply to a law enforcement official
who  is executing a warrant, or is acting pursuant to a constitutional
exception to the warrant requirement.

Section two of the bill creates a statutory civil cause of action  for
a  person who was a victim of the conduct proscribed in section one of
the bill. Such  aggrieved  person  may  be  awarded  compensatory  and
punitive damages, as well as reasonable costs and attorneys fees.

Section three is the effective date.

JUSTIFICATION:

As  technologies  advance,  the law must advance with them. There have
been reports recently of the use of GPS tracking  devices  by  private
individuals  to track other persons for various reasons including, but
not limited to, instances of domestic violence. There is currently  no
clear statutory prohibition on the surreptitious use of these tracking
devices by private individuals.

Both  the New York State Court of Appeals and the United State Supreme
Court have determined that the use  of  a  GPS  device  constitutes  a
search  and is therefore subject to warrant requirements, but there is
no express regulation on the private use  of  these  technologies.  In
their  decisions,  courts  have  cited  the  difference between police
officers openly following an  individual  as  opposed  to  the  covert
nature of the use of a GPS device which can be, and often are, tracked
remotely.

The courts also recognize that a person's Fourth Amendment protections
are not eliminated the minute the individual leaves his or her home or


steps  out  of  a  vehicle  onto a public street. While there may be a
diminished expectation of privacy in a vehicle,  some  expectation  of
privacy  still  does  exist. This bill seeks to preserve such right to
privacy  against  intrusion by private individuals who would use a GPS
device to track a person's movements or  location  for  no  legitimate
purpose.  This  bill  also  seeks  to prevent perpetrators of domestic
violence from surreptitiously tracking or locating their victims.

While a common law civil cause of action may exist for  victims  under
these  circumstances, the bill establishes an express, statutory right
of action that will allow the court to order compensatory and punitive
damages, as well as costs and attorneys fees.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 90 days after it shall have become a law.
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A10193 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         10193

                                 I N  A S S E M B L Y

                                   October 27, 2014
                                      ___________

       Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Nolan,
         Peoples-Stokes, Silver, Morelle, Gottfried, Lentol, Weisenberg, Glick,
         Ortiz, Lifton, Kavanagh, Russell, Barrett, Mayer,  Arroyo,  Benedetto,
         Brennan,  Brindisi, Bronson, Brook-Krasny, Ceretto, Clark, Cook, Cres-
         po,  Crouch,  Cymbrowitz,  Davila,  DenDekker,  Englebright,  Farrell,
         Fitzpatrick, Galef, Gantt, Gjonaj, Hennessey, Jaffee, Lavine, Lupardo,
         Magee,  Magnarelli,  Markey, Miller, O'Donnell, Ramos, Roberts, Robin-
         son, Ryan, Scarborough, Schimminger,  Sepulveda,  Simotas,  Skartados,
         Solages,  Steck,  Stirpe, Sweeney, Thiele, Zebrowski) -- read once and
         referred to the Committee on Codes

       AN ACT to amend the penal law and the civil rights law, in  relation  to
         the  unlawful surveillance of an individual using GPS or similar tech-
         nology

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. The penal law is amended by adding a new section 250.75 to
    2  read as follows:
    3  S 250.75 UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING SYSTEM  OR  SIMILAR
    4             TECHNOLOGY.
    5    1.  A  PERSON IS GUILTY OF UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING
    6  SYSTEM OR SIMILAR TECHNOLOGY WHEN:
    7    (A) WITHOUT THE KNOWLEDGE OR CONSENT OF THE AUTHORIZED OPERATOR  OF  A
    8  MOTOR  VEHICLE AND WITH INTENT TO MONITOR OR DETERMINE THE LOCATION OF A
    9  MOTOR VEHICLE, HE OR SHE INTENTIONALLY PLACES IN OR ON  SUCH  VEHICLE  A
   10  GLOBAL  POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE AND THEREBY MONITORS
   11  OR DETERMINES THE LOCATION OF SUCH MOTOR  VEHICLE,  UNDER  CIRCUMSTANCES
   12  WHERE  SUCH  AUTHORIZED  OPERATOR  HAS  A  REASONABLE EXPECTATION OF THE
   13  PRIVACY OF SUCH INFORMATION. FOR PURPOSES OF THIS PARAGRAPH AND SUBDIVI-
   14  SION THREE OF THIS SECTION, A "REASONABLE EXPECTATION OF PRIVACY" IS NOT
   15  EXTINGUISHED BY THE MERE PRESENCE OF A MOTOR VEHICLE IN A PUBLIC  PLACE;
   16  OR
   17    (B)  WITHOUT  THE  KNOWLEDGE OR CONSENT OF A PERSON AND WITH INTENT TO
   18  MONITOR OR DETERMINE THE LOCATION OF A PERSON, HE OR  SHE  INTENTIONALLY
   19  PLACES  ON  THE  BODY OF SUCH PERSON OR ON THE PERSONAL PROPERTY OF SUCH

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15867-01-4
       A. 10193                            2

    1  PERSON A GLOBAL POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE, AND THEREBY
    2  MONITORS OR DETERMINES THE LOCATION OF SUCH PERSON.
    3    2.  (A)  THIS  SECTION SHALL NOT APPLY TO CONDUCT BY A LAW ENFORCEMENT
    4  OFFICIAL PURSUANT TO A WARRANT ISSUED BY AN AUTHORIZED COURT OR THAT  IS
    5  AUTHORIZED BY LAWFUL EXCEPTION TO THE WARRANT REQUIREMENT.
    6    (B)  PARAGRAPH  (A) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
    7  TO A PERSON WHO IS AN OWNER OF THE VEHICLE IN OR ON WHICH THE DEVICE WAS
    8  PLACED, WHEN THE OPERATOR OF SUCH VEHICLE IS THE  MINOR  CHILD  OF  SUCH
    9  OWNER.
   10    3.  IT  SHALL  BE  A DEFENSE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF
   11  THIS SECTION THAT, UNDER THE CIRCUMSTANCES,  THE  DEFENDANT  ENGAGED  IN
   12  SUCH  CONDUCT  FOR  A  LEGITIMATE PURPOSE AND SUCH AUTHORIZED OPERATOR'S
   13  REASONABLE EXPECTATION OF PRIVACY WAS MINIMAL.
   14    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH  OR  ENLARGE
   15  ANY  POWER  OF THE COURTS, OR ANY AUTHORITY OF LAW ENFORCEMENT PERSONNEL
   16  ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES, WITH RESPECT  TO  THE
   17  CONDUCT DESCRIBED IN THIS SECTION.
   18    UNLAWFUL SURVEILLANCE BY GLOBAL POSITIONING SYSTEM OR SIMILAR TECHNOL-
   19  OGY IS A CLASS B MISDEMEANOR.
   20    S  2.  The civil rights law is amended by adding a new section 50-f to
   21  read as follows:
   22    S 50-F. UNAUTHORIZED SURVEILLANCE  BY  GLOBAL  POSITIONING  SYSTEM  OR
   23  SIMILAR  TECHNOLOGY.    1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS
   24  SECTION, ANY PERSON WHO:
   25    (A) WITHOUT THE KNOWLEDGE OR CONSENT OF THE AUTHORIZED OPERATOR  OF  A
   26  MOTOR  VEHICLE AND WITH INTENT TO MONITOR OR DETERMINE THE LOCATION OF A
   27  MOTOR VEHICLE, INTENTIONALLY PLACES IN OR ON SUCH VEHICLE A GLOBAL POSI-
   28  TIONING SYSTEM DEVICE OR SIMILAR DEVICE AND THEREBY MONITORS  OR  DETER-
   29  MINES THE LOCATION OF SUCH MOTOR VEHICLE, UNDER CIRCUMSTANCES WHERE SUCH
   30  AUTHORIZED  OPERATOR HAS A REASONABLE EXPECTATION OF THE PRIVACY OF SUCH
   31  INFORMATION; OR
   32    (B) WITHOUT THE KNOWLEDGE OR CONSENT OF A PERSON AND  WITH  INTENT  TO
   33  MONITOR  OR  DETERMINE THE LOCATION OF A PERSON, HE OR SHE INTENTIONALLY
   34  PLACES ON THE BODY OF SUCH PERSON OR ON THE PERSONAL  PROPERTY  OF  SUCH
   35  PERSON A GLOBAL POSITIONING SYSTEM DEVICE OR SIMILAR DEVICE, AND THEREBY
   36  MONITORS  OR DETERMINES THE LOCATION OF SUCH PERSON; MAY BE LIABLE, IN A
   37  CIVIL CAUSE OF ACTION, FOR COMPENSATORY DAMAGES,  IF  ANY,  AS  WELL  AS
   38  EXEMPLARY  DAMAGES. THE COURT MAY ALSO AWARD REASONABLE COSTS AND ATTOR-
   39  NEYS FEES TO A PREVAILING PLAINTIFF. FOR PURPOSES OF  PARAGRAPH  (A)  OF
   40  THIS SUBDIVISION AND PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, A
   41  "REASONABLE  EXPECTATION  OF  PRIVACY"  IS  NOT EXTINGUISHED BY THE MERE
   42  PRESENCE OF A MOTOR VEHICLE IN A PUBLIC PLACE.
   43    2. (A) THIS SECTION SHALL NOT APPLY TO CONDUCT BY  A  LAW  ENFORCEMENT
   44  OFFICIAL  PURSUANT TO A WARRANT ISSUED BY AN AUTHORIZED COURT OR THAT IS
   45  AUTHORIZED BY LAWFUL EXCEPTION TO THE WARRANT REQUIREMENT.
   46    (B) PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT  APPLY:
   47  (I)  TO  A PERSON WHO IS AN OWNER OF THE VEHICLE ON WHICH THE DEVICE WAS
   48  PLACED, WHEN THE OPERATOR OF SUCH VEHICLE IS THE  MINOR  CHILD  OF  SUCH
   49  OWNER;  OR (II) WHEN, UNDER THE CIRCUMSTANCES, THE ACTOR ENGAGED IN SUCH
   50  CONDUCT FOR A LEGITIMATE PURPOSE AND SUCH AUTHORIZED OPERATOR'S  REASON-
   51  ABLE EXPECTATION OF PRIVACY WAS MINIMAL.
   52    3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH ANY POWER OF
   53  THE  COURTS,  OR TO DIMINISH OR ENLARGE ANY AUTHORITY OF LAW ENFORCEMENT
   54  PERSONNEL ENGAGED IN  THE  CONDUCT  OF  THEIR  AUTHORIZED  DUTIES,  WITH
   55  RESPECT TO THE CONDUCT DESCRIBED IN THIS SECTION.
       A. 10193                            3

    1    4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABRIDGE OR LIMIT ANY
    2  OTHER RIGHT OR REMEDY AN AGGRIEVED  PERSON  MAY  HAVE  UNDER  ANY  OTHER
    3  PROVISION OF LAW.
    4    S  3.  This  act shall take effect on the ninetieth day after it shall
    5  have become a law.
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