NY State Senate Bill 2015-S4914A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
May 08, 2015	print number 4914a
May 08, 2015	amend and recommit to codes
Apr 23, 2015	referred to codes

Bill Amendments

Original

A (Active)

2015-S4914 - Details

See Assembly Version of this Bill:: A7655
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd Art 705 head, §§705.00, 705.05, 705.10, 705.15, 705.20, 705.25, 705.30 & 700.05, CP L
Versions Introduced in 2017-2018 Legislative Session:: S5157, A2828

2015-S4914 - Summary

Requires courts to issue orders authorizing mobile phone surveillance devices or systems; adds provisions for determinations; provides for a thirty day time period with thirty day extension.

2015-S4914 - Sponsor Memo

                                BILL NUMBER:S4914

TITLE OF BILL:  An act to amend the criminal procedure law, in relation
to orders authorizing mobile phone surveillance devices or systems

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the heading of Article 705 of the Criminal Procedure
Law (CPL).

Section 2 adds a new subdivision 7 to CPL section 705 to define mobile
phone surveillance device or system.

Section 3 amends CPL section 705.05 to expand the provisions currently
applicable to pen registers and trap and trace judicial authorizations
to mobile phone surveillance devices and systems.

Section 4 amends CPL section 705.10 to extend the current provisions
relating to orders authorizing pen registers and trap and trace devices
to mobile phone surveillance devices or systems.

Section 5 amends CP section 705.15 to extend the provisions relating to
an order authorizing the use of pen registers or trap and trace devices
to mobile phone surveillance devices or systems.

Section 6 amends CPL section 705.20 to extend the requirements for issu-

ing an order authorizing pen register of trap and trace devices to
mobile phone surveillance devices or systems.

Section 7 amends CP: section 705.25 to make the period of time
restrictions for an order authorizing a pen register or trap and trace
device to orders authorizing a mobile phone surveillance device or
system.

Section 8 amends CPL section 705.30 relating for nondisclosure of the
existence of a pen register or trap and trace device to a mobile phone
surveillance device or system.

Section 9 provides that this act shall take effect on the ninetieth day
after it shall have become law.

JUSTIFICATION:

It has recently been disclosed that local law enforcement agencies have
been using mobile phone surveillance devices, commonly known as "stin-
gray devices" to track and investigate without the benefit of a court
order authorizing this serious invasion of privacy.

These devices represent relatively new technology that was heretofore
only being used by some federal agencies.

The intrusive capabilities of these devices, which can be as small as a
suitcase, are impressive. They can track people's movements and inter-
cept their cell phone calls and messages. As part of the process, they
can jam mobile phone signals, and force phones to drop from more secure
3g and 4g bands to less secure 2g bands. They are able to monitor and
collect information from any mobile phones that may be within their
broadcast area.

There are currently no laws in New York clearly regulating use of these
devices. As a result, law enforcement agencies, who do not have clear
guidance, have been using these devices without court oversight. This
bill would expand the provisions currently in effect for pen registers
and trap and trace devices to cover this new technology. The bill does
not forbid law enforcement from using these devices, which can be a
valuable tool, but rather gives clear guidance to law enforcement as to
procedures to be followed, and allows judicial oversight to ensure that
these tools are not used improperly.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

2015-S4914 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4914

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the  criminal  procedure  law,  in  relation  to  orders
  authorizing mobile phone surveillance devices or systems

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The article heading of article 705 of the  criminal  proce-
dure  law,  as  added  by chapter 744 of the laws of 1988, is amended to
read as follows:
                   PEN REGISTERS [AND], TRAP AND TRACE
                  DEVICES AND MOBILE PHONE SURVEILLANCE
                           DEVICES OR SYSTEMS
  S 2. Section 705.00 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7. "MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM" SHALL MEAN  TECHNOLOGY
THAT  IDENTIFIES,  TRACKS,  OR  LOCATES CELLULAR DEVICES BY FORCING EACH
COMPATIBLE CELLULAR DEVICE IN  A  GIVEN  AREA  TO  DISCONNECT  FROM  ITS
SERVICE  PROVIDER  CELL  SITE  AND  ESTABLISH  A NEW CONNECTION WITH THE
DEVICE BY MIMICKING A WIRELESS CARRIER CELL TOWER.   DURING THE  PROCESS
OF  FORCING  CONNECTIONS FROM ALL COMPATIBLE CELLULAR DEVICES IN A GIVEN
AREA, THE MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM OPERATOR DETERMINES
WHICH DEVICE IS A DESIRED SURVEILLANCE TARGET BY DOWNLOADING THE IDENTI-
FYING DATA FROM EACH OF THE CELLULAR DEVICES  CONNECTED  TO  THE  MOBILE
PHONE SURVEILLANCE DEVICE OR SYSTEM.  IDENTIFYING DATA IS TRANSMITTED TO
THE MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM THROUGH RADIO WAVES.
  S 3. Section 705.05 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S  705.05  Pen  register [and], trap and trace AND MOBILE PHONE SURVEIL-
        LANCE authorizations; in general.
  Under circumstances prescribed in this article, a justice may issue an
order authorizing the use of a pen  register  [or],  a  trap  and  trace

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10579-01-5

S. 4914                             2

device,  OR  A  MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM upon ex parte
application of an applicant who is authorized  by  law  to  investigate,
prosecute  or  participate  in  the prosecution of the designated crimes
which are the subject of the application.
  S 4. Section 705.10 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S  705.10  Orders authorizing the use of a pen register [or], a trap and
             trace device, OR A  MOBILE  PHONE  SURVEILLANCE  DEVICE  OR
             SYSTEM; when issuable.
  An  order authorizing the use of a pen register [or], a trap and trace
device, OR A MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM may issue only:
  1. Upon an appropriate application made in conformity with this  arti-
cle; and
  2. Upon a determination that an application sets forth specific, arti-
culable  facts,  warranting  the applicant's reasonable suspicion that a
designated crime has been, is being, or is about  to  be  committed  and
demonstrating that the information likely to be obtained by use of a pen
register  [or],  trap  and  trace  device,  OR MOBILE PHONE SURVEILLANCE
DEVICE OR SYSTEM is or will be relevant to an ongoing criminal  investi-
gation of such designated crime.
  S 5. Section 705.15 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S  705.15 Application for an order authorizing the use of a pen register
             [or], a trap and trace device, OR A MOBILE  PHONE  SURVEIL-
             LANCE DEVICE OR SYSTEM.
  1.  An  ex  parte application for an order or an extension of an order
authorizing the use of a pen register [or], a trap and trace device,  OR
A  MOBILE  SURVEILLANCE  DEVICE  OR  SYSTEM must be made to a justice in
writing, and must be subscribed and sworn to by the applicant.
  2. The application must contain:
  (a) The identity of the applicant and the identity of the law enforce-
ment agency conducting the investigation; and
  (b) A statement of facts and circumstances sufficient to  justify  the
applicant's  belief  that an order authorizing the use of a pen register
[or], a trap and trace device, OR A MOBILE PHONE SURVEILLANCE DEVICE  OR
SYSTEM should be issued, including (i) a statement of the specific facts
on  the basis of which the applicant reasonably suspects that the desig-
nated crime has been, is being, or is about to be committed  and  demon-
strating  that  the  information  likely  to be obtained by use of a pen
register [or], a trap and trace device, OR A MOBILE  PHONE  SURVEILLANCE
DEVICE  OR SYSTEM is or will be relevant to an ongoing criminal investi-
gation of such designated offense, (ii) the identity, if known,  of  the
person  to  whom is leased or in whose name is listed the telephone line
to which the pen register or trap and trace device is  to  be  attached,
(iii)  the  identity,  if known, of the person who is the subject of the
criminal investigation, (iv) the number  and,  if  known,  the  physical
location  of  the  telephone  line to which the pen register or trap and
trace device is to be attached and, in the case  of  a  trap  and  trace
device, the geographic limits of the trap and trace order, (V) A PARTIC-
ULAR DESCRIPTION OF THE NATURE AND LOCATION OF THE FACILITIES FROM WHICH
OR  THE PLACE WHERE THE COMMUNICATION IS TO BE INTERCEPTED AND A PARTIC-
ULAR DESCRIPTION OF THE TYPE OF THE COMMUNICATIONS SOUGHT TO  BE  INTER-
CEPTED  BY  THE  MOBILE  PHONE  SURVEILLANCE  DEVICE  OR  SYSTEM AND THE
GEOGRAPHIC LIMITS OF THE ORDER; and [(v)] (VI) a statement of the desig-
nated crime or crimes to which the information likely to be obtained  by

S. 4914                             3

the use of the pen register [or], trap and trace device, OR MOBILE PHONE
SURVEILLANCE DEVICE OR SYSTEM relates; and
  (c)  A statement of the period of time for which the authorization for
the use of a pen register [or], a trap and trace  device,  OR  A  MOBILE
PHONE SURVEILLANCE DEVICE OR SYSTEM is required; and
  (d)  A  statement  of  the facts concerning all previous applications,
known to the applicant, for an order authorizing the use of a pen regis-
ter [or], a trap and trace device, OR A MOBILE PHONE SURVEILLANCE DEVICE
OR SYSTEM involving any of the same persons or facilities  specified  in
the application, and the action taken by the justice on each such appli-
cation.
  3. Allegations of fact in the application may be based either upon the
personal  knowledge  of the applicant or upon information and belief. If
the applicant personally knows the facts alleged, it must be so  stated.
If  the  facts stated in the application are derived in whole or in part
from the statements of persons other than the applicant, the sources  of
such facts must be either disclosed or described.
  S 6. Section 705.20 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.20 Orders  authorizing  the use of a pen register [or], a trap and
           trace device,  OR  A  MOBILE  PHONE  SURVEILLANCE  DEVICE  OR
           SYSTEM; determination of application.
  1.  If  the  justice determines on the basis of the facts submitted by
the applicant that grounds exist for the issue of an  order  authorizing
the  use  of  a  pen register [or], a trap and trace device, OR A MOBILE
PHONE SURVEILLANCE DEVICE OR SYSTEM pursuant to section 705.10  of  this
article,  the  justice  shall  grant  the application and issue an order
authorizing the use of a pen register [or], a trap and trace device,  OR
A  MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM, in accordance with subdi-
vision three of this section.
  2. If the application does not conform to section 705.15 of this arti-
cle, or if the justice is not satisfied that grounds exist for the issu-
ance of an order authorizing the use of a pen register [or], a trap  and
trace  device,  OR  A  MOBILE  PHONE  SURVEILLANCE DEVICE OR SYSTEM, the
application must be denied.
  3. An order issued under this section must contain:
  (a) the name of the applicant, date of issuance, and the  subscription
and title of the issuing justice; and
  (b)  the  identity,  if  known,  of the person to whom is leased or in
whose name is listed the telephone line, OR MOBILE PHONE LINE  to  which
the  pen  register [or], trap and trace device, OR MOBILE PHONE SURVEIL-
LANCE DEVICE OR SYSTEM is to be attached; and
  (c) the identity, if known, of the person who is the  subject  of  the
criminal investigation; and
  (d)  the  number and, if known, the physical location of the telephone
line to which the pen register  or  trap  and  trace  device  is  to  be
attached  and,  in  the  case of a trap and trace device OR MOBILE PHONE
SURVEILLANCE DEVICE, the geographic limits of  the  trap  and  trace  OR
MOBILE PHONE SURVEILLANCE order; and
  (e)  a statement of the designated crime or crimes to which the infor-
mation likely to be obtained by the pen register [or],  trap  and  trace
device, OR MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM relates.
  4.  An  order issued under this section shall direct, upon the request
of the applicant, the furnishing of information, facilities, and techni-
cal assistance necessary to accomplish the installation OR  USE  of  the

S. 4914                             4

pen  register  [or], trap and trace device, OR MOBILE PHONE SURVEILLANCE
DEVICE OR SYSTEM under section 705.25 of this article.
  S 7. Section 705.25 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.25 Pen  register  [or],  trap  and  trace  device, OR MOBILE PHONE
           SURVEILLANCE DEVICE OR SYSTEM orders; time period and  exten-
           sions.
  1. An order issued under this section shall authorize the installation
and use of a pen register or a trap and trace device for a period not to
exceed sixty days.
  2. Extensions of such an order may be granted, but only upon an appli-
cation  for  an  order under section 705.05 of this article and upon the
judicial finding required by subdivision one of section 705.10  of  this
article.    The  period of extension shall be for a period not to exceed
sixty days.
  3. NO MOBILE PHONE SURVEILLANCE ORDER MAY  AUTHORIZE  OR  APPROVE  THE
INTERCEPTION  OF  ANY COMMUNICATION FOR ANY PERIOD LONGER THAN IS NECES-
SARY TO ACHIEVE THE OBJECTIVE OF THE  AUTHORIZATION,  OR  IN  ANY  EVENT
LONGER  THAN THIRTY DAYS. SUCH THIRTY DAY PERIOD SHALL BEGIN ON THE DATE
DESIGNATED IN THE ORDER AS THE EFFECTIVE DATE.  EXTENSIONS  OF  SUCH  AN
ORDER  MAY  BE  GRANTED, BUT ONLY UPON AN APPLICATION FOR AN ORDER UNDER
SECTION 705.05 OF THIS ARTICLE AND UPON THE JUDICIAL FINDING REQUIRED BY
SUBDIVISION ONE OF SECTION 705.10 OF THIS ARTICLE. THE PERIOD OF  EXTEN-
SION SHALL BE FOR A PERIOD NOT TO EXCEED THIRTY DAYS.
  S 8. Section 705.30 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.30 Nondisclosure  of  existence  of  pen register [or], a trap and
           trace device,  OR  A  MOBILE  PHONE  SURVEILLANCE  DEVICE  OR
           SYSTEM.
  An  order  authorizing  or approving the installation and use of a pen
register [or], a trap and trace device, OR A MOBILE  PHONE  SURVEILLANCE
DEVICE OR SYSTEM shall direct that:
  1. the order be sealed until otherwise ordered by the court; and
  2.  the person owning or leasing the line to which the pen register or
a trap and trace device is attached, THE SERVICE PROVIDER OF THE  MOBILE
PHONE TO WHICH THE MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM IS IDENTI-
FYING,  TRACKING  OR  LOCATING,  or who has been ordered by the court to
provide assistance to the applicant, not disclose the existence  of  the
pen  register  [or], trap and trace device, OR MOBILE PHONE SURVEILLANCE
DEVICE OR SYSTEM or the existence of the  investigation  to  the  listed
subscriber, or to any other person, unless or until otherwise ordered by
the court.
  S  9.  This  act shall take effect on the ninetieth day after it shall
have become a law.

2015-S4914A (ACTIVE) - Details

See Assembly Version of this Bill:: A7655
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd Art 705 head, §§705.00, 705.05, 705.10, 705.15, 705.20, 705.25, 705.30 & 700.05, CP L
Versions Introduced in 2017-2018 Legislative Session:: S5157, A2828

2015-S4914A (ACTIVE) - Summary

Requires courts to issue orders authorizing mobile phone surveillance devices or systems; adds provisions for determinations; provides for a thirty day time period with thirty day extension.

2015-S4914A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4914A

TITLE OF BILL:

An act to amend the criminal procedure law, in relation to orders
authorizing mobile phone surveillance devices or systems

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the heading of Article 705 of the Criminal Procedure
Law (CPL).

Section 2 adds a new subdivision 7 to CPL section 705 to define mobile
phone surveillance device or system.

Section 3 amends CPL section 705.05 to expand the provisions currently
applicable to pen registers and trap and trace judicial authorizations
to mobile phone surveillance devices and systems.

Section 4 amends CPL section 705.10 to extend the current provisions
relating to orders authorizing pen registers and trap and trace
devices to mobile phone surveillance devices or systems.

Section 5 amends CP section 705.15 to extend the provisions relating
to an order authorizing the use of pen registers or trap and trace
devices to mobile phone surveillance devices or systems.

Section 6 amends CPL section 705.20 to extend the requirements for
issuing an order authorizing pen register of trap and trace devices to
mobile phone surveillance devices or systems.

Section 7 amends CPL section 705.25 to make the period of time
restrictions for an order authorizing a pen register or trap and trace
device to orders authorizing a mobile phone surveillance device or
system.

Section 8 amends CPL section 705.30 relating for nondisclosure of the
existence of a pen register or trap and trace device to a mobile phone
surveillance device or system.

Section 9 provides that this act shall take effect on the ninetieth
day after it shall have become law.

JUSTIFICATION:

It has recently been disclosed that local law enforcement agencies
have been using mobile phone surveillance devices, commonly known as
"stingray devices" to track and investigate without the benefit of a
court order authorizing this serious invasion of privacy.

These devices represent relatively new technology that was heretofore
only being used by some federal agencies.

The intrusive capabilities of these devices, which can be as small as
a suitcase, are impressive. They can track people's movements and
intercept their cell phone calls and messages. As part of the process,
they can jam mobile phone signals, and force phones to drop from more


secure 3g and 4g bands to less secure 2g bands. They are able to
monitor and collect information from any mobile phones that may be
within their broadcast area.

There are currently no laws in New York clearly regulating use of
these devices. As a result, law enforcement agencies, who do not have
clear guidance, have been using these devices without court oversight.
This bill would expand the provisions currently in effect for pen
registers and trap and trace devices to cover this new technology. The
bill does not forbid law enforcement from using these devices, which
can be a valuable tool, but rather gives clear guidance to law
enforcement as to procedures to be followed, and allows judicial
oversight to ensure that these tools are not used improperly.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

2015-S4914A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4914--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  criminal  procedure  law, in relation to orders
  authorizing mobile phone surveillance devices or systems

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The article heading of article 705 of the criminal proce-
dure law, as added by chapter 744 of the laws of  1988,  is  amended  to
read as follows:
                   PEN REGISTERS [AND], TRAP AND TRACE
                  DEVICES AND MOBILE PHONE SURVEILLANCE
                           DEVICES OR SYSTEMS
  S 2. Section 705.00 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  "MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM" SHALL MEAN TECHNOLOGY
THAT IDENTIFIES, TRACKS, OR LOCATES CELLULAR  DEVICES  BY  FORCING  EACH
COMPATIBLE  CELLULAR  DEVICE  IN  A  GIVEN  AREA  TO DISCONNECT FROM ITS
SERVICE PROVIDER CELL SITE AND  ESTABLISH  A  NEW  CONNECTION  WITH  THE
DEVICE  BY  MIMICKING A WIRELESS CARRIER CELL TOWER.  DURING THE PROCESS
OF FORCING CONNECTIONS FROM ALL COMPATIBLE CELLULAR DEVICES IN  A  GIVEN
AREA, THE MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM OPERATOR DETERMINES
WHICH DEVICE IS A DESIRED SURVEILLANCE TARGET BY DOWNLOADING THE IDENTI-
FYING  DATA  FROM  EACH  OF THE CELLULAR DEVICES CONNECTED TO THE MOBILE
PHONE SURVEILLANCE DEVICE OR SYSTEM.  IDENTIFYING DATA IS TRANSMITTED TO
THE MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM THROUGH RADIO WAVES.
  S 3. Section 705.05 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.05 Pen register [and], trap and trace AND  MOBILE  PHONE  SURVEIL-
        LANCE authorizations; in general.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10579-02-5

S. 4914--A                          2

  Under circumstances prescribed in this article, a justice may issue an
order  authorizing  the  use  of  a  pen register [or], a trap and trace
device, OR A MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM  upon  ex  parte
application  of  an  applicant  who is authorized by law to investigate,
prosecute  or  participate  in  the prosecution of the designated crimes
which are the subject of the application.
  S 4. Section 705.10 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.10 Orders authorizing the use of a pen register [or], a  trap  and
             trace  device,  OR  A  MOBILE  PHONE SURVEILLANCE DEVICE OR
             SYSTEM; when issuable.
  An order authorizing the use of a pen register [or], a trap and  trace
device, OR A MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM may issue only:
  1.  Upon an appropriate application made in conformity with this arti-
cle; and
  2. Upon a determination that an application sets forth specific, arti-
culable facts, warranting the applicant's reasonable  suspicion  that  a
designated  crime  has  been,  is being, or is about to be committed and
demonstrating that the information likely to be obtained by use of a pen
register [or], trap and  trace  device,  OR  MOBILE  PHONE  SURVEILLANCE
DEVICE  OR SYSTEM is or will be relevant to an ongoing criminal investi-
gation of such designated crime.
  S 5. Section 705.15 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.15 Application for an order authorizing the use of a pen  register
             [or],  a  trap and trace device, OR A MOBILE PHONE SURVEIL-
             LANCE DEVICE OR SYSTEM.
  1. An ex parte application for an order or an extension  of  an  order
authorizing  the use of a pen register [or], a trap and trace device, OR
A MOBILE SURVEILLANCE DEVICE OR SYSTEM must be  made  to  a  justice  in
writing, and must be subscribed and sworn to by the applicant.
  2. The application must contain:
  (a) The identity of the applicant and the identity of the law enforce-
ment agency conducting the investigation; and
  (b)  A  statement of facts and circumstances sufficient to justify the
applicant's belief that an order authorizing the use of a  pen  register
[or],  a trap and trace device, OR A MOBILE PHONE SURVEILLANCE DEVICE OR
SYSTEM should be issued, including (i) a statement of the specific facts
on the basis of which the applicant reasonably suspects that the  desig-
nated  crime  has been, is being, or is about to be committed and demon-
strating that the information likely to be obtained  by  use  of  a  pen
register  [or],  a trap and trace device, OR A MOBILE PHONE SURVEILLANCE
DEVICE OR SYSTEM is or will be relevant to an ongoing criminal  investi-
gation  of  such designated offense, (ii) the identity, if known, of the
person to whom is leased or in whose name is listed the  telephone  line
to  which  the  pen register or trap and trace device is to be attached,
(iii) the identity, if known, of the person who is the  subject  of  the
criminal  investigation,  (iv)  the  number  and, if known, the physical
location of the telephone line to which the pen  register  or  trap  and
trace  device  is  to  be  attached and, in the case of a trap and trace
device, the geographic limits of the trap and trace order, (V) A PARTIC-
ULAR DESCRIPTION OF THE NATURE AND LOCATION OF THE FACILITIES FROM WHICH
OR THE PLACE WHERE THE COMMUNICATION IS TO BE INTERCEPTED AND A  PARTIC-
ULAR  DESCRIPTION  OF THE TYPE OF THE COMMUNICATIONS SOUGHT TO BE INTER-
CEPTED BY THE  MOBILE  PHONE  SURVEILLANCE  DEVICE  OR  SYSTEM  AND  THE
GEOGRAPHIC LIMITS OF THE ORDER; and [(v)] (VI) a statement of the desig-

S. 4914--A                          3

nated  crime or crimes to which the information likely to be obtained by
the use of the pen register [or], trap and trace device, OR MOBILE PHONE
SURVEILLANCE DEVICE OR SYSTEM relates; and
  (c)  A statement of the period of time for which the authorization for
the use of a pen register [or], a trap and trace  device,  OR  A  MOBILE
PHONE SURVEILLANCE DEVICE OR SYSTEM is required; and
  (d)  A  statement  of  the facts concerning all previous applications,
known to the applicant, for an order authorizing the use of a pen regis-
ter [or], a trap and trace device, OR A MOBILE PHONE SURVEILLANCE DEVICE
OR SYSTEM involving any of the same persons or facilities  specified  in
the application, and the action taken by the justice on each such appli-
cation.
  3. Allegations of fact in the application may be based either upon the
personal  knowledge  of the applicant or upon information and belief. If
the applicant personally knows the facts alleged, it must be so  stated.
If  the  facts stated in the application are derived in whole or in part
from the statements of persons other than the applicant, the sources  of
such facts must be either disclosed or described.
  S 6. Section 705.20 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.20 Orders  authorizing  the use of a pen register [or], a trap and
           trace device,  OR  A  MOBILE  PHONE  SURVEILLANCE  DEVICE  OR
           SYSTEM; determination of application.
  1.  If  the  justice determines on the basis of the facts submitted by
the applicant that grounds exist for the issue of an  order  authorizing
the  use  of  a  pen register [or], a trap and trace device, OR A MOBILE
PHONE SURVEILLANCE DEVICE OR SYSTEM pursuant to section 705.10  of  this
article,  the  justice  shall  grant  the application and issue an order
authorizing the use of a pen register [or], a trap and trace device,  OR
A  MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM, in accordance with subdi-
vision three of this section.
  2. If the application does not conform to section 705.15 of this arti-
cle, or if the justice is not satisfied that grounds exist for the issu-
ance of an order authorizing the use of a pen register [or], a trap  and
trace  device,  OR  A  MOBILE  PHONE  SURVEILLANCE DEVICE OR SYSTEM, the
application must be denied.
  3. An order issued under this section must contain:
  (a) the name of the applicant, date of issuance, and the  subscription
and title of the issuing justice; and
  (b)  the  identity,  if  known,  of the person to whom is leased or in
whose name is listed the telephone line, OR MOBILE PHONE LINE  to  which
the  pen  register [or], trap and trace device, OR MOBILE PHONE SURVEIL-
LANCE DEVICE OR SYSTEM is to be attached; and
  (c) the identity, if known, of the person who is the  subject  of  the
criminal investigation; and
  (d)  the  number and, if known, the physical location of the telephone
line to which the pen register  or  trap  and  trace  device  is  to  be
attached  and,  in  the  case of a trap and trace device OR MOBILE PHONE
SURVEILLANCE DEVICE, the geographic limits of  the  trap  and  trace  OR
MOBILE PHONE SURVEILLANCE order; and
  (e)  a statement of the designated crime or crimes to which the infor-
mation likely to be obtained by the pen register [or],  trap  and  trace
device, OR MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM relates.
  4.  An  order issued under this section shall direct, upon the request
of the applicant, the furnishing of information, facilities, and techni-
cal assistance necessary to accomplish the installation OR  USE  of  the

S. 4914--A                          4

pen  register  [or], trap and trace device, OR MOBILE PHONE SURVEILLANCE
DEVICE OR SYSTEM under section 705.25 of this article.
  S 7. Section 705.25 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.25 Pen  register  [or],  trap  and  trace  device, OR MOBILE PHONE
           SURVEILLANCE DEVICE OR SYSTEM orders; time period and  exten-
           sions.
  1. An order issued under this section shall authorize the installation
and use of a pen register or a trap and trace device for a period not to
exceed sixty days.
  2. Extensions of such an order may be granted, but only upon an appli-
cation  for  an  order under section 705.05 of this article and upon the
judicial finding required by subdivision one of section 705.10  of  this
article.    The  period of extension shall be for a period not to exceed
sixty days.
  3. NO MOBILE PHONE SURVEILLANCE ORDER MAY  AUTHORIZE  OR  APPROVE  THE
INTERCEPTION  OF  ANY COMMUNICATION FOR ANY PERIOD LONGER THAN IS NECES-
SARY TO ACHIEVE THE OBJECTIVE OF THE  AUTHORIZATION,  OR  IN  ANY  EVENT
LONGER  THAN THIRTY DAYS. SUCH THIRTY DAY PERIOD SHALL BEGIN ON THE DATE
DESIGNATED IN THE ORDER AS THE EFFECTIVE DATE.  EXTENSIONS  OF  SUCH  AN
ORDER  MAY  BE  GRANTED, BUT ONLY UPON AN APPLICATION FOR AN ORDER UNDER
SECTION 705.05 OF THIS ARTICLE AND UPON THE JUDICIAL FINDING REQUIRED BY
SUBDIVISION ONE OF SECTION 705.10 OF THIS ARTICLE. THE PERIOD OF  EXTEN-
SION SHALL BE FOR A PERIOD NOT TO EXCEED THIRTY DAYS.
  S 8. Section 705.30 of the criminal procedure law, as added by chapter
744 of the laws of 1988, is amended to read as follows:
S 705.30 Nondisclosure  of  existence  of  pen register [or], a trap and
           trace device,  OR  A  MOBILE  PHONE  SURVEILLANCE  DEVICE  OR
           SYSTEM.
  An  order  authorizing  or approving the installation and use of a pen
register [or], a trap and trace device, OR A MOBILE  PHONE  SURVEILLANCE
DEVICE OR SYSTEM shall direct that:
  1. the order be sealed until otherwise ordered by the court; and
  2.  the person owning or leasing the line to which the pen register or
a trap and trace device is attached, THE SERVICE PROVIDER OF THE  MOBILE
PHONE TO WHICH THE MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM IS IDENTI-
FYING,  TRACKING  OR  LOCATING,  or who has been ordered by the court to
provide assistance to the applicant, not disclose the existence  of  the
pen  register  [or], trap and trace device, OR MOBILE PHONE SURVEILLANCE
DEVICE OR SYSTEM or the existence of the  investigation  to  the  listed
subscriber, or to any other person, unless or until otherwise ordered by
the court.
  S 9. Subdivision 1 of section 700.05 of the criminal procedure law, as
amended  by  chapter  744  of  the  laws  of 1988, is amended to read as
follows:
  1. "Eavesdropping" means  "wiretapping",  "mechanical  overhearing  of
conversation," or the "intercepting or accessing of an electronic commu-
nication",  as  those  terms  are defined in section 250.00 of the penal
law, but does not include the use of a pen register [or], trap and trace
device, OR A MOBILE PHONE SURVEILLANCE DEVICE OR SYSTEM when  authorized
pursuant to article 705 of this chapter.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S4914A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2015-S4914 - Details

2015-S4914 - Summary

2015-S4914 - Sponsor Memo

2015-S4914 - Bill Text download pdf

2015-S4914A (ACTIVE) - Details

2015-S4914A (ACTIVE) - Summary

2015-S4914A (ACTIVE) - Sponsor Memo

2015-S4914A (ACTIVE) - Bill Text download pdf

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Senate Bill S4914A

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2015-S4914 - Details

2015-S4914 - Summary

2015-S4914 - Sponsor Memo

2015-S4914 - Bill Text download pdf

2015-S4914A (ACTIVE) - Details

2015-S4914A (ACTIVE) - Summary

2015-S4914A (ACTIVE) - Sponsor Memo

2015-S4914A (ACTIVE) - Bill Text download pdf

Comments