New York S 1531: Creates the New York electronic communications privacy act; search and seizure of electronic devices and electronic communications

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S01531 Summary:

BILL NOS01531A

&nbsp

SAME ASSAME AS A02565-A

&nbsp

SPONSORPARKER

&nbsp

COSPNSRBRISPORT, SALAZAR

&nbsp

MLTSPNSR

&nbsp

Add Art 695 §§695.05 - 695.25, CP L

&nbsp

Creates the New York electronic communications privacy act; requires government agents and agencies to obtain a search warrant for physical or electronic access to electronic device information.

Go to top S01531 Actions:

BILL NOS01531A

&nbsp

01/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

05/28/2026AMEND AND RECOMMIT TO CODES

05/28/2026PRINT NUMBER 1531A

Go to topS01531 Committee&nbspVotes:

Go to topS01531 Floor&nbspVotes:

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

Go to topS01531 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1531--A

 2025-2026 Regular Sessions

 IN SENATE

 January 10, 2025
 ___________

 Introduced by Sens. PARKER, BRISPORT, SALAZAR -- read twice and ordered
 printed, and when printed to be committed to the Committee on Codes --
 recommitted to the Committee on Codes in accordance with Senate Rule
 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee

 AN ACT to amend the criminal procedure law, in relation to establishing
 the New York electronic communications privacy act ("NYECPA")

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding a new arti-
 2 cle 695 to read as follows:
 3 ARTICLE 695
 4 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
 5 COMMUNICATIONS
 6 Section 695.05 Search and seizure of electronic devices and electronic
 7 communications; definitions.
 8 695.10 Search and seizure of electronic devices and electronic
 9 communications; in general.
 10 695.15 Search and seizure of electronic devices and electronic
 11 communications; in an emergency.
 12 695.20 Search and seizure of electronic devices and electronic
 13 communications; when evidence can be suppressed.
 14 695.25 Search and seizure of electronic devices and electronic
 15 communications; annual report.
 16 § 695.05 Search and seizure of electronic devices and electronic commu-
 17 nications; definitions.
 18 As used in this article, the following definitions shall apply:
 19 1. "Adverse result" means any of the following:
 20 (a) danger to the life or physical safety of an individual;
 21 (b) flight from prosecution;
 22 (c) destruction of or tampering with evidence;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04537-03-6

 S. 1531--A 2

 1 (d) intimidation of potential witnesses; or
 2 (e) serious jeopardy to an investigation.
 3 2. "Authorized possessor" means the person in possession of an elec-
 4 tronic device when that person is the owner of the device or has been
 5 authorized to possess the device by the owner of the device.
 6 3. "Electronic communication" means the transmission of signs,
 7 signals, writings, images, sounds, data, or intelligence of any nature
 8 in whole or in part by a wire, radio, electromagnetic, photoelectric, or
 9 photo-optical system.
 10 4. "Electronic communication information" means information related to
 11 an electronic communication or the use of an electronic communication
 12 service including, but not limited to the contents, sender, recipients,
 13 or format of an electronic communication; the precise or approximate
 14 location of the sender or recipients of an electronic communication at
 15 any time during such communication; the time or date such communication
 16 was created, sent, or received and information pertaining to an individ-
 17 ual or device involved in the communication including but not limited to
 18 an internet protocol address. Electronic communication information does
 19 not include subscriber information as defined in this article and does
 20 not include information in the public domain.
 21 5. "Electronic communication service" means a service that provides
 22 subscribers to or users of such service the ability to send or receive
 23 an electronic communication as defined in this article, including a
 24 service that acts as an intermediary in the transmission of electr