Prohibits issuance of certain search warrants relating to out-of-state investigations of abortion services provided in NYS; prohibits corporations domiciled in NYS from complying with certain out-of-state search warrants regarding abortion services provided in NYS.
STATE OF NEW YORK
________________________________________________________________________
2210
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to out-of-state
investigations and warrants regarding legally protected health activ-
ity in New York state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 705.10 of the criminal procedure law, as added by
2 chapter 744 of the laws of 1988, is amended to read as follows:
3 § 705.10 Orders authorizing the use of a pen register or a trap and
4 trace device; when issuable.
5 1. An order authorizing the use of a pen register or a trap and trace
6 device may issue only:
7 [1.] (a) Upon an appropriate application made in conformity with this
8 article; and
9 [2.] (b) Upon a determination that an application sets forth specific,
10 articulable facts, warranting the applicant's reasonable suspicion that
11 a designated crime has been, is being, or is about to be committed and
12 demonstrating that the information likely to be obtained by use of a pen
13 register or trap and trace device is or will be relevant to an ongoing
14 criminal investigation of such designated crime.
15 2. Notwithstanding any other provision in this article, no court shall
16 enter an ex parte order authorizing the installation and use of a pen
17 register or a trap and trace device for the purpose of investigating or
18 recovering evidence of a legally protected health activity, as defined
19 in section 570.17 of this article.
20 § 2. Section 700.15 of the criminal procedure law, as amended by chap-
21 ter 744 of the laws of 1988, is amended to read as follows:
22 § 700.15 Eavesdropping and video surveillance warrants; when issuable.
23 1. An eavesdropping or video surveillance warrant may issue only:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05519-01-5
A. 2210 2
1 [1.] (a) Upon an appropriate application made in conformity with this
2 article; and
3 [2.] (b) Upon probable cause to believe that a particularly described
4 person is committing, has committed, or is about to commit a particular
5 designated offense; and
6 [3.] (c) Upon probable cause to believe that particular communications
7 concerning such offense will be obtained through eavesdropping, or upon
8 probable cause to believe that particular observations concerning such
9 offense will be obtained through video surveillance; and
10 [4.] (d) Upon a showing that normal investigative procedures have been
11 tried and have failed, or reasonably appear to be unlikely to succeed if
12 tried, or to be too dangerous to employ; and
13 [5.] (e) Upon probable cause to believe that the facilities from
14 which, or the place where, the communications are to be intercepted or
15 the video surveillance is to be conducted, are being used, or are about
16 to be used, in connection with the commission of such offense, or are
17 leased to, listed in the name of, or commonly used by such person.
18 2. Notwithstanding any other provision in this article, no court shall
19 enter an ex parte order authorizing interception of a telephonic commu-
20 nication or electronic communications for the purpose of investigating
21 or recovering evidence of a legally protected health activity, as
22 defined in section 570.17 of this article.
23 § 3. Section 690.40 of the criminal procedure law is amended by adding
24 a new subdivision 4 to read as follows:
25 4. No warrant shall be issued under this article for any item or items
26 that pertain to an investigation into a legally protected health activ-
27 ity, as defined in section 570.17 of this article.
28 § 4. The criminal procedure law is amended by adding a new section
29 690.60 to read as follows:
30 § 690.60 Search warrants; certain requirements for corporations.
31 1. A corporation domiciled in New York state, when served with a
32 warrant issued by another state to produce records shall not produce
33 such records when such corporation knows or should know that such
34 warrant relates to an investigation into, or enforcement of, a legally
35 protected health activity, as defined in section 570.17 of this article.
36 2. (a) No warrant issued upon a corporation domiciled in New York
37 state shall be enforceable unless such warrant includes, or is accompa-
38 nied by, an attestation that the evidence sought is not related to an
39 investigation into, or enforcement of, a legally protected health activ-
40 ity, as defined in section 570.17 of this article.
41 (b) A corporation domiciled in New York state that is served with a
42 warrant shall be entitled to rely on the representations made in an
43 attestation described in paragraph (a) of this subdivision in determin-
44 ing whether such warrant relates to an investigation into, or enforce-
45 ment of, a legally protected health activity, as defined in section
46 570.17 of this article.
47 § 5. This act shall take effect immediately.
