Senate Bill S7739

2023-2024 Legislative Session

Requires wireless communication method service providers disable services to stolen wireless phones

download bill text pdf

Sponsored By

Current Bill Status Via A8994 - Delivered to Governor


  • 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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Votes

Bill Amendments

co-Sponsors

2023-S7739 - Details

Law Section:
Executive Law
Laws Affected:
Add §845-e, Exec L; add §399-eee, Gen Bus L

2023-S7739 - Summary

Enacts "Detective Brian Simonsen's Law"; requires wireless communication method service providers disable services to stolen wireless phones.

2023-S7739 - Sponsor Memo

2023-S7739 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7739
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 3, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law  and  the  general  business  law,  in
   relation  to  requiring  wireless  telephone service providers disable
   stolen cellphones

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "Detective Brian Simonsen's law".
   § 2. The executive law is amended by adding a  new  section  845-e  to
 read as follows:
   §  845-E.  NOTIFICATION  OF  STOLEN  WIRELESS  TELEPHONE. WHENEVER ANY
 POLICE OFFICER DESIGNATED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE  LAW
 OR A PEACE OFFICER DESIGNATED IN SECTION 2.10 OF SUCH LAW, ACTING PURSU-
 ANT TO HIS OR HER SPECIAL DUTIES, IS MADE AWARE A WIRELESS TELEPHONE HAS
 BEEN STOLEN OR IS BELIEVED TO HAVE BEEN STOLEN, SUCH OFFICER SHALL NOTI-
 FY  THE  BUSINESS  ENTITY  WHICH  WAS  PROVIDING SUCH WIRELESS TELEPHONE
 SERVICES AND HAVE SUCH SERVICES DISCONTINUED.
   § 3. The general business law is amended by adding a new section  399-
 eee to read as follows:
   §  399-EEE.  DISABLING  OF  STOLEN  WIRELESS  TELEPHONES. WHENEVER ANY
 POLICE OFFICER DESIGNATED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE  LAW
 OR A PEACE OFFICER DESIGNATED IN SECTION 2.10 OF SUCH LAW, ACTING PURSU-
 ANT  TO  HIS  OR HER SPECIAL DUTIES, NOTIFIES ANY PERSON, FIRM, PARTNER-
 SHIP, ASSOCIATION, LIMITED  LIABILITY  COMPANY,  CORPORATION,  OR  OTHER
 BUSINESS  ENTITY  PROVIDING WIRELESS TELEPHONE SERVICES, AS SUCH TERM IS
 DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  TWELVE  HUNDRED
 TWENTY-FIVE-C  OF  THE  VEHICLE  AND TRAFFIC LAW, THAT A TELEPHONE USING
 SUCH BUSINESS ENTITY'S WIRELESS TELEPHONE SERVICES HAS BEEN STOLEN, SUCH
 BUSINESS ENTITY SHALL CEASE WIRELESS TELEPHONE SERVICES TO  SUCH  STOLEN
 TELEPHONE.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2023-S7739A - Details

Law Section:
Executive Law
Laws Affected:
Add §845-e, Exec L; add §399-eee, Gen Bus L

2023-S7739A - Summary

Enacts "Detective Brian Simonsen's Law"; requires wireless communication method service providers disable services to stolen wireless phones.

2023-S7739A - Sponsor Memo

2023-S7739A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7739--A
     Cal. No. 787
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 3, 2023
                                ___________
 
 Introduced by Sens. SCARCELLA-SPANTON, PALUMBO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted  to  the Committee on Codes in accordance with Senate Rule
   6, sec. 8 -- 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
 
 AN ACT to amend the executive law  and  the  general  business  law,  in
   relation  to  requiring  wireless  telephone service providers disable
   stolen cellphones
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "Detective Brian Simonsen's law".
   § 2. The executive law is amended by adding a  new  section  845-f  to
 read as follows:
   §  845-F.  NOTIFICATION  OF  STOLEN  WIRELESS  TELEPHONE. WHENEVER ANY
 POLICE OFFICER DESIGNATED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE  LAW
 OR A PEACE OFFICER DESIGNATED IN SECTION 2.10 OF SUCH LAW, ACTING PURSU-
 ANT TO SUCH OFFICER'S SPECIAL DUTIES, IS MADE AWARE A WIRELESS TELEPHONE
 HAS  BEEN  STOLEN OR IS BELIEVED TO HAVE BEEN STOLEN, SUCH OFFICER SHALL
 NOTIFY THE BUSINESS ENTITY WHICH WAS PROVIDING SUCH  WIRELESS  TELEPHONE
 SERVICES  AND  HAVE  SUCH SERVICES DISCONTINUED.  ANY OFFICER SUBJECT TO
 THIS SECTION SHALL UTILIZE THE BUSINESS ENTITY'S DESIGNATED PROCESS  FOR
 RECEIVING LAW ENFORCEMENT AND CIVIL DISCOVERY REQUESTS IN ORDER TO PROC-
 ESS  SUCH OFFICER'S NOTIFICATION. ANY BUSINESS ENTITY ACTING IN RESPONSE
 TO SUCH A NOTIFICATION SUBJECT TO THAT BUSINESS ENTITY'S LAW ENFORCEMENT
 RESPONSE PROCESS SHALL BE DEEMED TO BE IN COMPLIANCE WITH  THIS  SECTION
 AND SHALL BE PROTECTED FROM ANY AND ALL LIABILITY IN THE EVENT THAT SUCH
 OFFICER'S NOTIFICATION IS LATER DEEMED TO BE INACCURATE, UNWARRANTED, OR
 INCORRECT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11814-05-4
              

co-Sponsors

2023-S7739B (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Add §845-e, Exec L; add §399-eee, Gen Bus L

2023-S7739B (ACTIVE) - Summary

Enacts "Detective Brian Simonsen's Law"; requires wireless communication method service providers disable services to stolen wireless phones.

2023-S7739B (ACTIVE) - Sponsor Memo

2023-S7739B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7739--B
     Cal. No. 787
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 3, 2023
                                ___________
 
 Introduced by Sens. SCARCELLA-SPANTON, PALUMBO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted  to  the Committee on Codes in accordance with Senate Rule
   6, sec. 8 -- 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 general business law, in relation to requiring wire-
   less communication method service providers disable services to stolen
   wireless phones
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Detective Brian Simonsen's Law".
   § 2. The general business law is amended by adding a new section  399-
 eee to read as follows:
   §  399-EEE. DISABLING OF SERVICES TO STOLEN WIRELESS PHONES. 1.  DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A) "INTERNATIONAL MOBILE EQUIPMENT IDENTIFIER (IMEI)" SHALL MEAN:
   (I) A MOBILE EQUIPMENT IDENTIFIER;
   (II) ELECTRONIC SERIAL NUMBER; OR
   (III) ANY OTHER NUMBER OR SIGNAL THAT:
   (A) IDENTIFIES A UNIQUE MOBILE WIRELESS PHONE; AND
   (B)  HAS  THE  SAME  FUNCTION  AND  PURPOSES  AS A NUMBER DESCRIBED IN
 SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH.
   (B) "GSMA BLOCK LIST" MEANS AN INDUSTRY DATABASE THAT RELIES ON INFOR-
 MATION REPORTED BY  AT  LEAST  FIFTY  COMMERCIAL  MOBILE  OPERATORS,  IS
 SUBJECT  TO  ACCESS  CONTROLS,  IS  CERTIFIED TO THE ISO/IEC 27001 OR AN
 EQUIVALENT STANDARD FOR INFORMATION  SECURITY  MANAGEMENT  SYSTEMS,  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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