S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5825
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to prohibiting the use
   of cell-site simulators by law enforcement officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by adding a new article 3-A
 to read as follows:
                                ARTICLE 3-A
                        PRIVILEGE FROM SURVEILLANCE
 SECTION 30. DEFINITIONS.
         31. PROHIBITION ON USE; LAW ENFORCEMENT.
         32. SUPPRESSION.
         33. ENFORCEMENT.
         34. SEVERABILITY.
   §  30.  DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "CELL-SITE SIMULATOR" MEANS ANY DEVICE THAT  FUNCTIONS  AS
 OR  SIMULATES  A  BASE STATION FOR COMMERCIAL MOBILE SERVICES OR PRIVATE
 MOBILE SERVICES IN ORDER TO IDENTIFY, LOCATE, OR INTERCEPT TRANSMISSIONS
 FROM CELLULAR DEVICES FOR PURPOSES OTHER THAN PROVIDING ORDINARY COMMER-
 CIAL MOBILE SERVICES OR PRIVATE MOBILE SERVICES.
   2. THE TERM "LAW ENFORCEMENT AGENCY" MEANS A LAW ENFORCEMENT AGENCY AS
 DEFINED IN SUBDIVISION FOUR OF SECTION 705.00 OF THE CRIMINAL  PROCEDURE
 LAW.
   3.  THE  TERM  "LAW  ENFORCEMENT  OFFICER"  MEANS  A POLICE OFFICER AS
 DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE LAW.
   § 31. PROHIBITION ON USE; LAW ENFORCEMENT. 1. NO LAW ENFORCEMENT AGEN-
 CY OR LAW ENFORCEMENT OFFICER SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10073-01-3
 S. 5825                             2
              

 
   (A)  OBTAIN,  RETAIN,  POSSESS,  ACCESS,  SELL,  OR USE ANY PROHIBITED
 SURVEILLANCE  TECHNOLOGY  OR  INFORMATION  DERIVED  FROM  A   PROHIBITED
 SURVEILLANCE TECHNOLOGY;
   (B)  ENTER INTO AN AGREEMENT WITH ANY THIRD PARTY, INCLUDING A PRIVATE
 ENTITY OR A GOVERNMENTAL ENTITY, FOR THE PURPOSE OF  OBTAINING,  ACCESS-
 ING,  OR  USING  A PROHIBITED SURVEILLANCE TECHNOLOGY OR ANY INFORMATION
 DERIVED FROM THE USE OF A PROHIBITED SURVEILLANCE TECHNOLOGY; OR
   (C) ISSUE ANY PERMIT OR ENTER INTO ANY OTHER AGREEMENT THAT AUTHORIZES
 ANY THIRD PARTY, ON THE BEHALF  OF  A  LAW  ENFORCEMENT  AGENCY  OR  LAW
 ENFORCEMENT  OFFICER, TO OBTAIN, RETAIN, POSSESS, ACCESS, SELL, OR USE A
 PROHIBITED SURVEILLANCE TECHNOLOGY OR INFORMATION DERIVED FROM A PROHIB-
 ITED SURVEILLANCE TECHNOLOGY.
   2. PROHIBITED SURVEILLANCE TECHNOLOGIES SHALL INCLUDE, BUT  SHALL  NOT
 BE LIMITED TO, CELL-SITE SIMULATORS.
   §  32. SUPPRESSION. NO INFORMATION OBTAINED IN VIOLATION OF THIS ARTI-
 CLE SHALL BE USED IN ANY ADJUDICATIVE PROCEEDING WITHIN THE AUTHORITY OF
 THE STATE OF NEW YORK EXCEPT AS TO PROVE A VIOLATION OF THIS ARTICLE.
   § 33. ENFORCEMENT. 1. WHEREVER THERE SHALL  BE  A  VIOLATION  OF  THIS
 ARTICLE,  AN  APPLICATION MAY BE MADE TO THE DIVISION OF HUMAN RIGHTS TO
 APPLY TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN  INJUNCTION,
 AND  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT
 THE DEFENDANT HAS IN FACT VIOLATED THIS ARTICLE  AN  INJUNCTION  MAY  BE
 ISSUED  BY SUCH A COURT OR JUSTICE ENJOINING AND RESTRAINING ANY FURTHER
 VIOLATION WITHOUT REQUIRING PROOF THAT  ANY  PERSON  HAS  IN  FACT  BEEN
 INJURED OR DAMAGED THEREBY.
   2. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE DIVISION OF HUMAN
 RIGHTS  PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN SUBJECTED TO
 THE USE OF A PROHIBITED SURVEILLANCE TECHNOLOGY  IN  VIOLATION  OF  THIS
 ARTICLE MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION:
   (A) TO ENJOIN SUCH VIOLATION; AND
   (B) TO RECOVER ACTUAL DAMAGES OR TO RECEIVE FIVE THOUSAND DOLLARS EACH
 IN  DAMAGES  FOR  EACH  INDIVIDUAL  VIOLATION  AGAINST  EACH  INDIVIDUAL
 COMPLAINANT, WHICHEVER IS GREATER; AND
   (C) TO RECOVER PUNITIVE DAMAGES IN AN APPROPRIATE  AMOUNT  FOR  A  LAW
 ENFORCEMENT  AGENCY'S PATTERN AND PRACTICE OF WILLFUL VIOLATIONS OF THIS
 TITLE.
   3. EACH PERSON AFFECTED BY THE USE OF A  TECHNOLOGY  PROHIBITED  UNDER
 SECTION  THIRTY-ONE  OF  THIS ARTICLE BY A LAW ENFORCEMENT AGENCY OR LAW
 ENFORCEMENT OFFICER SHALL BE CONSIDERED TO HAVE EXPERIENCED  A  SEPARATE
 AND DISTINCT VIOLATION OF THIS ARTICLE AND MAY BRING AN ACTION SEPARATE-
 LY  OR  IN  THE  FORM  OF  A  CLASS  ACTION  TO RECOVER IN FULL FOR EACH
 VIOLATION.
   4. A COURT SHALL AWARD COSTS  AND  REASONABLE  ATTORNEYS'  FEES  TO  A
 PLAINTIFF  WHO  IS  THE PREVAILING PARTY IN AN ACTION BROUGHT UNDER THIS
 ARTICLE.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  LIMIT  ANY  INDIVID-
 UAL'S RIGHTS UNDER STATE, FEDERAL, OR LOCAL LAW.
   §  34.  SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID, SUCH  INVA-
 LIDITY  SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE ARTICLE
 WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR  APPLICATION,
 AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE DECLARED TO BE SEVER-
 ABLE.
   § 2. This act shall take effect immediately.