STATE OF NEW YORK
________________________________________________________________________
4877
2015-2016 Regular Sessions
IN ASSEMBLY
February 9, 2015
___________
Introduced by M. of A. NOLAN, AUBRY, BENEDETTO, BLAKE, BRENNAN, BRINDI-
SI, CAHILL, CLARK, COLTON, COOK, CRESPO, CUSICK, DINOWITZ, FAHY,
FARRELL, GALEF, GANTT, GLICK, GOTTFRIED, GUNTHER, HEVESI, JAFFEE,
JOYNER, LUPARDO, MILLER, MOSLEY, O'DONNELL, PAULIN, PICHARDO, ROSEN-
THAL, SCHIMMINGER, SIMON, STIRPE, WOERNER, ZEBROWSKI -- Multi-Spon-
sored by -- M. of A. BARRON, BROOK-KRASNY, BUCHWALD, HIKIND -- 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 § 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.
LBD03847-01-5
A. 4877 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 § 2. The civil rights law is amended by adding a new section 50-f to
21 read as follows:
22 § 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.
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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 § 3. This act shall take effect on the ninetieth day after it shall
5 have become a law.
