STATE OF NEW YORK
________________________________________________________________________
6588
2015-2016 Regular Sessions
IN ASSEMBLY
March 27, 2015
___________
Introduced by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
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 Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 700.05 of the criminal procedure
2 law, as amended by chapter 744 of the laws of 1988, is amended to read
3 as follows:
4 1. "Eavesdropping" means "wiretapping", "mechanical overhearing of
5 conversation[," or the] ", "intercepting or accessing of an electronic
6 communication", as those terms are defined in section 250.00 of the
7 penal law, or the use of an electronic tracking device, but does not
8 include the use of a pen register or trap and trace device when author-
9 ized pursuant to article [705] seven hundred five of this chapter.
10 § 2. Section 700.05 of the criminal procedure law is amended by adding
11 a new subdivision 1-a to read as follows:
12 1-a. "Electronic tracking device" means an electronic or mechanical
13 device which permits the tracking of the movement of a person or thing
14 by means of a global positioning system or by any other means.
15 § 3. This act shall take effect on the thirtieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05612-01-5
