S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8022
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   certain  covered  platforms  to  provide a process for law enforcement
   agencies to contact such platform and to comply with  search  warrants
   within seventy-two hours

   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
 section 690.60 to read as follows:
 § 690.60 SEARCH WARRANTS; COVERED PLATFORMS.
   1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "ADVERSE RESULT" SHALL MEAN ANY OF THE FOLLOWING:
   (I) DANGER TO THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;
   (II) FLIGHT FROM PROSECUTION;
   (III) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
   (IV) INTIMIDATION OF POTENTIAL WITNESSES; OR
   (V) SERIOUS JEOPARDY TO AN INVESTIGATION.
   (B) "COVERED MINOR" SHALL MEAN ANY USER WHO IS DETERMINED BY AN OPERA-
 TOR, VIA ONE OR MORE COMMERCIALLY REASONABLE AGE  VERIFICATION  METHODS,
 TO BE UNDER THE AGE OF EIGHTEEN.
   (C)  "COVERED  PLATFORM"  SHALL  MEAN A PUBLIC OR SEMI-PUBLIC WEBSITE,
 ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION  THAT  (I)  IS
 USED  BY  COVERED MINORS IN THIS STATE, (II) ALLOWS USERS TO CONSTRUCT A
 PUBLIC OR SEMI-PUBLIC PROFILE FOR THE PURPOSES OF  USING  SUCH  WEBSITE,
 SERVICE,  OR  APPLICATION,  AND  (III)  ALLOWS  USERS  TO CREATE OR POST
 CONTENT THAT IS VIEWABLE BY OTHER USERS, INCLUDING BUT NOT  LIMITED  TO,
 ON MESSAGE BOARDS, IN CHAT ROOMS, OR THROUGH A LANDING PAGE OR MAIN FEED
 THAT  PRESENTS THE USER WITH CONTENT GENERATED BY OTHER USERS OR ARTIFI-
 CIAL INTELLIGENCE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11652-04-5
              

 A. 8022                             2
 
   (D) "LAW ENFORCEMENT AGENCY" SHALL MEAN ANY AGENCY WHICH IS  EMPOWERED
 BY  LAW  TO  CONDUCT  AN  INVESTIGATION OR MAKE AN ARREST FOR AN OFFENSE
 UNDER THE PENAL LAW, AND AN AGENCY WHICH IS AUTHORIZED BY LAW TO  PROSE-
 CUTE  OR  PARTICIPATE  IN  THE PROSECUTION OF AN OFFENSE UNDER THE PENAL
 LAW.
   (E)  "LAW  ENFORCEMENT  OFFICER"  SHALL MEAN ANY PUBLIC SERVANT WHO IS
 EMPOWERED BY LAW TO CONDUCT AN INVESTIGATION OF OR TO MAKE AN ARREST FOR
 AN OFFENSE UNDER THE PENAL LAW, AND ANY ATTORNEY AUTHORIZED  BY  LAW  TO
 PROSECUTE  OR  PARTICIPATE  IN THE PROSECUTION OF AN OFFENSE UNDER PENAL
 LAW.
   (F) "OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL  ENTITY
 WHO OPERATES OR PROVIDES A COVERED PLATFORM.
   (G)  "SEARCH WARRANT" SHALL MEAN A SEARCH WARRANT DULY EXECUTED PURSU-
 ANT TO THE PROVISIONS OF THIS ARTICLE.
   (H) "USER" SHALL MEAN A USER OF A COVERED PLATFORM  IN  NEW  YORK  NOT
 ACTING  AS  AN OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR, OF SUCH
 PLATFORM OR ANY PORTION THEREOF.
   2. AN OPERATOR THAT PROVIDES A COVERED PLATFORM SHALL ENSURE THAT  ITS
 COVERED PLATFORM PROVIDES A STREAMLINED PROCESS TO ALLOW LAW ENFORCEMENT
 AGENCIES  TO  CONTACT  SUCH  COVERED  PLATFORM. SUCH PROCESS SHALL, AT A
 MINIMUM:
   (A) MAKE AVAILABLE A STAFFED HOTLINE FOR LAW ENFORCEMENT OFFICERS  FOR
 THE PURPOSES OF:
   (I)  RECEIVING AND RESPONDING TO QUESTIONS ABOUT SEARCH WARRANTS TWEN-
 TY-FOUR HOURS A DAY;
   (II) ACKNOWLEDGING RECEIPT OF A SEARCH WARRANT WITHIN EIGHT  HOURS  OF
 RECEIPT; AND
   (III)  PROVIDING  STATUS  UPDATES  ON  SEARCH  WARRANT COMPLIANCE TO A
 REQUESTING LAW ENFORCEMENT AGENCY, WHICH SHALL INCLUDE:
   (1) A METHOD TO PROVIDE REGULAR STATUS UPDATES  TO  A  REQUESTING  LAW
 ENFORCEMENT  AGENCY  IN  RESPONSE  TO  A QUESTION PERTAINING TO A SEARCH
 WARRANT;
   (2) AN ACKNOWLEDGEMENT OF RECEIPT OF A SEARCH  WARRANT  IN  COMPLIANCE
 WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH; AND
   (3) THE STATUS OF FULFILLING A REQUEST OF A SEARCH WARRANT; AND
   (B) PROVIDE CONTINUOUS AVAILABILITY OF SUCH PROCESS TO LAW ENFORCEMENT
 AGENCIES.
   3. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION OR ANY OTHER
 LAW,  AN  OPERATOR  THAT PROVIDES A COVERED PLATFORM SHALL COMPLY WITH A
 SEARCH WARRANT WITHIN SEVENTY-TWO  HOURS  AFTER  RECEIVING  SUCH  SEARCH
 WARRANT IF ALL OF THE FOLLOWING APPLY:
   (A)  SUCH SEARCH WARRANT IS PROVIDED TO SUCH OPERATOR OR COVERED PLAT-
 FORM BY A LAW ENFORCEMENT AGENCY;
   (B) THE SUBJECT OF SUCH SEARCH WARRANT IS INFORMATION ASSOCIATED  WITH
 A USER'S ACCOUNT ON THE COVERED PLATFORM OPERATED BY SUCH OPERATOR; AND
   (C) THE INFORMATION IS CONTROLLED BY A USER OR OPERATOR OF THE COVERED
 PLATFORM.
   4.  A  COURT  MAY REASONABLY EXTEND THE TIME REQUIRED TO COMPLY WITH A
 SEARCH WARRANT PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION,  IF  THE
 COURT  MAKES A WRITTEN FINDING THAT THE OPERATOR OR COVERED PLATFORM HAS
 SHOWN GOOD CAUSE FOR THE EXTENSION AND THAT AN EXTENSION WOULD NOT CAUSE
 AN ADVERSE RESULT.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AN  ONLINE  PLAT-
 FORM WITH FEWER THAN ONE MILLION DISCRETE MONTHLY USERS.
   6. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, WHENEVER IT APPEARS
 TO  THE  ATTORNEY GENERAL, UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON,
 A. 8022                             3
 
 WITHIN OR OUTSIDE  THE  STATE,  HAS  VIOLATED  THE  PROVISIONS  OF  THIS
 SECTION,  THE ATTORNEY GENERAL MAY BRING AN ACTION OR SPECIAL PROCEEDING
 IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK TO:
   (A) ENJOIN ANY SUCH VIOLATION;
   (B)  OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR
 INDIRECTLY BY ANY SUCH VIOLATION;
   (C) OBTAIN DISGORGEMENT OF ANY PROFITS OR GAINS OBTAINED  DIRECTLY  OR
 INDIRECTLY BY ANY SUCH VIOLATION;
   (D)   OBTAIN  DAMAGES  CAUSED  DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH
 VIOLATION;
   (E) OBTAIN  CIVIL  PENALTIES  OF  UP  TO  FIVE  THOUSAND  DOLLARS  PER
 VIOLATION; AND
   (F)  OBTAIN  ANY  SUCH  OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM
 PROPER, INCLUDING PRELIMINARY RELIEF.
   § 2. This act shall take effect immediately.