S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3310
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  executive  law,  in
   relation   to   out-of-state  investigations  and  warrants  regarding
   abortions performed in New York state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 705.00 of the criminal procedure law is amended by
 adding a new subdivision 7 to read as follows:
   7. "PROHIBITED VIOLATION" MEANS ANY  VIOLATION  OF  LAW  THAT  CREATES
 LIABILITY FOR, OR ARISING OUT OF, EITHER OF THE FOLLOWING:
   (A)  PROVIDING,  FACILITATING, OR OBTAINING AN ABORTION THAT IS LAWFUL
 UNDER NEW YORK LAW; OR
   (B) INTENDING OR ATTEMPTING  TO  PROVIDE,  FACILITATE,  OR  OBTAIN  AN
 ABORTION THAT IS LAWFUL UNDER NEW YORK LAW.
   § 2. Section 705.10 of the criminal procedure law, as added by chapter
 744 of the laws of 1988, is amended to read as follows:
 §  705.10  Orders  authorizing  the  use of a pen register or a trap and
              trace device; when issuable.
   1. An order authorizing the use of a pen register or a trap and  trace
 device may issue only:
   [1.]  (A) Upon an appropriate application made in conformity with this
 article; and
   [2.] (B) Upon a determination that an application sets forth specific,
 articulable 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 is or will be relevant to  an  ongoing
 criminal investigation of such designated crime.
   2. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, NO COURT SHALL
 ENTER  AN  EX  PARTE ORDER AUTHORIZING THE INSTALLATION AND USE OF A PEN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06227-01-3
              

 A. 3310                             2
 
 REGISTER OR A TRAP AND TRACE DEVICE FOR THE PURPOSE OF INVESTIGATING  OR
 RECOVERING EVIDENCE OF A PROHIBITED VIOLATION.
   § 3. Section 700.05 of the criminal procedure law is amended by adding
 a new subdivision 11 to read as follows:
   11.  "PROHIBITED  VIOLATION"  MEANS  ANY VIOLATION OF LAW THAT CREATES
 LIABILITY FOR, OR ARISING OUT OF, EITHER OF THE FOLLOWING:
   (A) PROVIDING, FACILITATING, OR OBTAINING AN ABORTION THAT  IS  LAWFUL
 UNDER NEW YORK LAW; OR
   (B)  INTENDING  OR  ATTEMPTING  TO  PROVIDE,  FACILITATE, OR OBTAIN AN
 ABORTION THAT IS LAWFUL UNDER NEW YORK LAW.
   § 4. Section 700.15 of the criminal procedure law, as amended by chap-
 ter 744 of the laws of 1988, is amended to read as follows:
 § 700.15  Eavesdropping and video surveillance warrants; when issuable.
   1. An eavesdropping or video surveillance warrant may issue only:
   [1.] (A) Upon an appropriate application made in conformity with  this
 article; and
   [2.]  (B) Upon probable cause to believe that a particularly described
 person  is committing, has committed, or is about to commit a particular
 designated offense; and
   [3.] (C) Upon probable cause to believe that particular communications
 concerning such offense will be obtained through eavesdropping, or  upon
 probable  cause  to believe that particular observations concerning such
 offense will be obtained through video surveillance; and
   [4]. (D) Upon a showing that normal investigative procedures have been
 tried and have failed, or reasonably appear to be unlikely to succeed if
 tried, or to be too dangerous to employ; and
   [5.] (E) Upon probable cause  to  believe  that  the  facilities  from
 which,  or  the place where, the communications are to be intercepted or
 the video surveillance is to be conducted, are being used, or are  about
 to  be  used,  in connection with the commission of such offense, or are
 leased to, listed in the name of, or commonly used by such person.
   2. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, NO COURT SHALL
 ENTER AN EX PARTE ORDER AUTHORIZING INTERCEPTION OF A TELEPHONIC  COMMU-
 NICATION  OR  ELECTRONIC COMMUNICATIONS FOR THE PURPOSE OF INVESTIGATING
 OR RECOVERING EVIDENCE OF A PROHIBITED VIOLATION.
   § 5. Section 690.40 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4. NO WARRANT SHALL BE ISSUED UNDER THIS ARTICLE FOR ANY ITEM OR ITEMS
 THAT PERTAIN TO AN INVESTIGATION INTO A PROHIBITED  VIOLATION.  FOR  THE
 PURPOSES OF THIS SUBDIVISION, THE TERM "PROHIBITED VIOLATION" SHALL MEAN
 ANY  VIOLATION  OF  LAW  THAT  CREATES LIABILITY FOR, OR ARISING OUT OF,
 EITHER OF THE FOLLOWING:
   (A) PROVIDING, FACILITATING, OR OBTAINING AN ABORTION THAT  IS  LAWFUL
 UNDER NEW YORK LAW; OR
   (B)  INTENDING  OR  ATTEMPTING  TO  PROVIDE,  FACILITATE, OR OBTAIN AN
 ABORTION THAT IS LAWFUL UNDER NEW YORK LAW.
   § 6. The criminal procedure law is amended by  adding  a  new  section
 690.60 to read as follows:
 § 690.60 SEARCH WARRANTS; CERTAIN REQUIREMENTS FOR CORPORATIONS.
   1.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "PROHIBITED VIOLATION"
 SHALL MEAN ANY VIOLATION OF LAW THAT CREATES LIABILITY FOR,  OR  ARISING
 OUT OF, EITHER OF THE FOLLOWING:
   (A)  PROVIDING,  FACILITATING, OR OBTAINING AN ABORTION THAT IS LAWFUL
 UNDER NEW YORK LAW; OR
   (B) INTENDING OR ATTEMPTING  TO  PROVIDE,  FACILITATE,  OR  OBTAIN  AN
 ABORTION THAT IS LAWFUL UNDER NEW YORK LAW.
 A. 3310                             3
 
   2.  A  CORPORATION  DOMICILED  IN  NEW  YORK STATE, WHEN SERVED WITH A
 WARRANT ISSUED BY ANOTHER STATE TO PRODUCE  RECORDS  SHALL  NOT  PRODUCE
 SUCH  RECORDS  WHEN  SUCH  CORPORATION  KNOWS  OR  SHOULD KNOW THAT SUCH
 WARRANT RELATES TO AN INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBIT-
 ED VIOLATION.
   3.  (A)  NO  WARRANT  ISSUED  UPON A CORPORATION DOMICILED IN NEW YORK
 STATE SHALL BE ENFORCEABLE UNLESS SUCH WARRANT INCLUDES, OR IS  ACCOMPA-
 NIED  BY,  AN  ATTESTATION THAT THE EVIDENCE SOUGHT IS NOT RELATED TO AN
 INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBITED VIOLATION.
   (B) A CORPORATION DOMICILED IN NEW YORK STATE THAT IS  SERVED  WITH  A
 WARRANT  SHALL  BE  ENTITLED  TO  RELY ON THE REPRESENTATIONS MADE IN AN
 ATTESTATION DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IN  DETERMIN-
 ING  WHETHER  SUCH WARRANT RELATES TO AN INVESTIGATION INTO, OR ENFORCE-
 MENT OF, A PROHIBITED VIOLATION.
   § 7. Subdivision 3-a of section 140.10 of the criminal procedure  law,
 as  added  by  chapter  219  of  the laws of 2022, is amended to read as
 follows:
   3-a. A police officer [may] SHALL not arrest any person for performing
 or aiding in the performance of an abortion within  this  state,  or  in
 procuring  an  abortion  in  this state, if the abortion is performed in
 accordance with the provisions of article twenty-five-A  of  the  public
 health law or any other applicable law of this state.
   §  8.  Section  837-w of the executive law, as added by chapter 219 of
 the laws of 2022, is renumbered section 837-x and  amended  to  read  as
 follows:
   §  837-x.  Cooperation  with  certain  out-of-state investigations. No
 state or local law enforcement agency shall cooperate  with  or  provide
 information  to any individual or out-of-state agency or department, OR,
 TO THE EXTENT PERMITTED BY FEDERAL LAW, TO  A  FEDERAL  LAW  ENFORCEMENT
 AGENCY,  regarding  the provision of a lawful abortion performed in this
 state.  Nothing in this section shall prohibit the investigation of  any
 criminal  activity in this state which may involve the performance of an
 abortion, provided that no information relating to any medical procedure
 performed on a specific individual may be shared  with  an  out-of-state
 agency  or  any other individual. Nothing in this section shall prohibit
 compliance with a valid, court-issued subpoena or warrant.
   § 9. This act shall take effect immediately.