Relates to unlawful surveillance with the use of a GPS device.
TITLE OF BILL: An act to amend the penal law, in relation to unlawful surveillance with the use of a GPS device
PURPOSE OR GENERAL IDEA OF THE BILL:
To amend the penal code to make it unlawful to install or use an electronic tracking device to track the movement of a person without their consent.
SUMMARY OF SPECIFIC PROVISIONS:
Section adds Subdivision 5a to 250.45 of the penal law to make unlawful the installation or use of electronic tracking devices without consent to determine location or movement of a person.
Section 5b exempts lawful use of tracking devices by law enforcement personnel.
Section 5c defines "electronic tracking device" as any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.
Subsection 35.26 allows for parents, guardians or other custodians of persons under twenty-one or other incompetent persons to install or permit the use of electronic devices in order to maintain discipline or promote the welfare of such persons. Other uses of these devices constitute an offense.
The U.S. Department of Justice reports that one in four cases of stalking involves the use of some type of technology. One in 13 cases involves electronic monitoring, and Global Positioning System (GPS) tracking is used in one-tenth of those cases.
Tracking devices and software are intended for legitimate purposes. Parents can keep track of young drivers, and law enforcement officers utilize these tools to track missing persons.
However, this technology is also be used to track individuals who do not want to be followed, particularly in domestic violence cases. It is vitally important that survivors of domestic violence are protected from unlawful surveillance.
PRIOR LEGISLATIVE HISTORY:
This Act shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4187 2013-2014 Regular Sessions IN SENATE March 13, 2013 ___________Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to unlawful surveillance with the use of a GPS device THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 250.45 of the penal law is amended by adding a new subdivision 5 to read as follows: 5. (A) WITHOUT THE CONSENT OF A PERSON HE OR SHE USES, INSTALLS OR PERMITS THE UTILIZATION OR INSTALLATION OF AN ELECTRONIC TRACKING DEVICE WITH THE INTENT TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON. (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE LAWFUL USE OF AN ELECTRONIC TRACKING DEVICE BY A LAW ENFORCEMENT AGENCY. (C) FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRONIC TRACKING DEVICE" MEANS ANY DEVICE THAT REVEALS ITS LOCATION OR MOVEMENT BY THE TRANS- MISSION OF ELECTRONIC SIGNALS. S 2. The penal law is amended by adding a new section 35.26 to read as follows: S 35.26 JUSTIFICATION; USE OF AN ELECTRONIC TRACKING DEVICE. THE USE OF AN ELECTRONIC TRACKING DEVICE TO DETERMINE THE LOCATION OR MOVEMENT OF A PERSON WHICH WOULD OTHERWISE CONSTITUTE AN OFFENSE IS JUSTIFIABLE AND NOT CRIMINAL WHEN A PARENT, GUARDIAN OR OTHER PERSON ENTRUSTED WITH THE CARE AND SUPERVISION OF A PERSON UNDER THE AGE OF TWENTY-ONE OR AN INCOMPETENT PERSON, MAY USE, INSTALL OR PERMIT THE UTILIZATION OF AN ELECTRONIC TRACKING DEVICE UPON SUCH PERSON WHEN, AND TO THE EXTENT THAT HE OR SHE REASONABLY BELIEVES IT NECESSARY TO MAIN- TAIN DISCIPLINE OR TO PROMOTE THE WELFARE OF SUCH PERSON. S 3. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05409-03-3