This bill has been amended

Bill S4187B-2013

Relates to unlawful surveillance with the use of a GPS device

Relates to unlawful surveillance with the use of a GPS device.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 17, 2013: AMENDED ON THIRD READING 4187B
  • Jun 5, 2013: AMENDED ON THIRD READING 4187A
  • Jun 3, 2013: ADVANCED TO THIRD READING
  • May 30, 2013: 2ND REPORT CAL.
  • May 29, 2013: 1ST REPORT CAL.780
  • Mar 13, 2013: REFERRED TO CODES

Calendars

Memo

BILL NUMBER:S4187B

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.

JUSTIFICATION: 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 axe 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: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This Act shall take effect on the ninetieth day after 1W shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4187--B Cal. No. 780 2013-2014 Regular Sessions IN SENATE March 13, 2013 ___________
Introduced by Sens. KENNEDY, ADAMS, BALL, BRESLIN, ESPAILLAT, FLANAGAN, GRISANTI, KRUEGER, MAZIARZ, NOZZOLIO, PARKER, TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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. This act shall be known and may be cited as "Jackie's Law". S 2. Section 250.45 of the penal law is amended by adding a new subdi- vision 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 AND WITH THE PURPOSE OF COMMITTING A CRIME OR AN OFFENSE AGAINST SUCH PERSON OR WITH THE INTENT TO HARASS, ALARM OR INTIMIDATE SUCH 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 3. 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 4. This act shall take effect on the ninetieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus