Assembly Bill A1895A

2017-2018 Legislative Session

Relates to creating the New York electronic communications privacy act; search and seizure of electronic devices and electronic communications

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A1895 - Details

See Senate Version of this Bill:
S6044
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 695 §§695.05 - 695.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9235
2019-2020: A2620
2021-2022: A5045
2023-2024: A1880

2017-A1895 - Summary

Relates to creating the New York electronic communications privacy act; relates to the search and seizure of electronic devices and electronic communications.

2017-A1895 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1895
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, RODRIGUEZ, GOTTFRIED, GALEF, GJONAJ,
   JOYNER, TITONE, RICHARDSON, MOSLEY, ABINANTI, QUART -- Multi-Sponsored
   by -- M. of A.   COOK, DAVILA,  ENGLEBRIGHT,  FARRELL,  GLICK,  RAMOS,
   ROZIC, SKARTADOS -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to establishing
   the New York electronic communications privacy act ("NYECPA")
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law is amended by adding a new arti-
 cle 695 to read as follows:
                                ARTICLE 695
          SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                              COMMUNICATIONS
 SECTION 695.05 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                  COMMUNICATIONS; DEFINITIONS.
         695.10 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                  COMMUNICATIONS; IN GENERAL.
         695.15 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                  COMMUNICATIONS; IN AN EMERGENCY.
         695.20 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                  COMMUNICATIONS; WHEN EVIDENCE CAN BE SUPPRESSED.
         695.25 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                  COMMUNICATIONS; ANNUAL REPORT.
 § 695.05 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC  COMMU-
            NICATIONS; DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
   1. "ADVERSE RESULT" MEANS ANY OF THE FOLLOWING:
   (A) DANGER TO THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;
   (B) FLIGHT FROM PROSECUTION;
   (C) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
   (D) INTIMIDATION OF POTENTIAL WITNESSES; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2017-A1895A (ACTIVE) - Details

See Senate Version of this Bill:
S6044
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 695 §§695.05 - 695.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9235
2019-2020: A2620
2021-2022: A5045
2023-2024: A1880

2017-A1895A (ACTIVE) - Summary

Relates to creating the New York electronic communications privacy act; relates to the search and seizure of electronic devices and electronic communications.

2017-A1895A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1895--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, RODRIGUEZ, GOTTFRIED, GALEF, GJONAJ,
   JOYNER, TITONE, RICHARDSON, MOSLEY, ABINANTI, QUART, ROSENTHAL, STECK,
   BLAKE, JENNE, LIFTON, SOLAGES, M. G. MILLER, WALKER -- Multi-Sponsored
   by -- M. of A.   COOK, DAVILA,  ENGLEBRIGHT,  FARRELL,  GLICK,  RAMOS,
   ROZIC,  SIMON, SKARTADOS -- read once and referred 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 establishing
   the New York electronic communications privacy act ("NYECPA")
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law is amended by adding a new arti-
 cle 695 to read as follows:
                                ARTICLE 695
          SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                              COMMUNICATIONS
 SECTION 695.05 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                  COMMUNICATIONS; DEFINITIONS.
         695.10 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                  COMMUNICATIONS; IN GENERAL.
         695.15 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                  COMMUNICATIONS; IN AN EMERGENCY.
         695.20 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                  COMMUNICATIONS; WHEN EVIDENCE CAN BE SUPPRESSED.
         695.25 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                  COMMUNICATIONS; ANNUAL REPORT.
 § 695.05 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC  COMMU-
            NICATIONS; DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
   1. "ADVERSE RESULT" MEANS ANY OF THE FOLLOWING:
   (A) DANGER TO THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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