New York A 2461: Relates to establishing a job creation tax credit

Bill Text

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A02461 Summary:

BILL NOA02461 

&nbsp

SAME ASSAME AS S06567

&nbsp

SPONSORCarroll R

&nbsp

COSPNSRSeptimo, Shimsky, Simon, Epstein, Cruz, Raga

&nbsp

MLTSPNSR

&nbsp

Add Art 3-A §§30 - 34, Civ Rts L

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Prohibits the use of cell-site simulators by law enforcement officers; provides a right of action for violations of such prohibition.

Go to top A02461 Actions:

BILL NOA02461 

&nbsp

01/17/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA02461 Committee&nbspVotes:

Go to topA02461 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02461 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2461

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 17, 2025
 ___________

 Introduced by M. of A. R. CARROLL, SEPTIMO, SHIMSKY, SIMON, EPSTEIN,
 CRUZ, RAGA -- read once and referred to the Committee on Governmental
 Operations

 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:

 1 Section 1. The civil rights law is amended by adding a new article 3-A
 2 to read as follows:
 3 ARTICLE 3-A
 4 PRIVILEGE FROM SURVEILLANCE
 5 Section 30. Definitions.
 6 31. Prohibition on use; law enforcement.
 7 32. Suppression.
 8 33. Enforcement.
 9 34. Severability.
 10 § 30. Definitions. For the purposes of this article, the following
 11 terms shall have the following meanings:
 12 1. The term "cell-site simulator" means any device that functions as
 13 or simulates a base station for commercial mobile services or private
 14 mobile services in order to identify, locate, or intercept transmissions
 15 from cellular devices for purposes other than providing ordinary commer-
 16 cial mobile services or private mobile services.
 17 2. The term "law enforcement agency" means a law enforcement agency as
 18 defined in subdivision four of section 705.00 of the criminal procedure
 19 law.
 20 3. The term "law enforcement officer" means a police officer as
 21 defined in subdivision thirty-four of section 1.20 of the criminal
 22 procedure law.
 23 § 31. Prohibition on use; law enforcement. 1. No law enforcement agen-
 24 cy or law enforcement officer shall:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03107-01-5

 A. 2461 2

 1 (a) obtain, retain, possess, access, sell, or use any prohibited
 2 surveillance technology or information derived from a prohibited
 3 surveillance technology;
 4 (b) enter into an agreement with any third party, including a private
 5 entity or a governmental entity, for the purpose of obtaining, access-
 6 ing, or using a prohibited surveillance technology or any information
 7 derived from the use of a prohibited surveillance technology; or
 8 (c) issue any permit or enter into any other agreement that authorizes
 9 any third party, on the behalf of a law enforcement agency or law
 10 enforcement officer, to obtain, retain, possess, access, sell, or use a
 11 prohibited surveillance technology or information derived from a prohib-
 12 ited surveillance technology.
 13 2. Prohibited surveillance technologies shall include, but shall not
 14 be limited to, cell-site simulators.
 15 § 32. Suppression. No information obtained in violation of this arti-
 16 cle shall be used in any adjudicative proceeding within the authority of
 17 the state of New York except as to prove a violation of this article.
 18 § 33. Enforcement. 1. Wherever there shall be a violation of this
 19 article, an application may be made to the division of human rights to
 20 apply to a court or justice having jurisdiction to issue an injunction,
 21 and if it shall appear to the satisfaction of the court or justice that
 22 the defendant has in fact violated this article an injunction may be
 23 issued by such a court or justice enjoining and restraining any further
 24 violation without requiring proof that any person has in fact been
 25 injured or damaged thereby.
 26 2. In addition to the right of action granted to the division of human
 27 rights pursuant to this section, any person who has been subje