] is old law to be omitted. LBD10073-01-3S. 5825 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 subjected to 28 the use of a prohibited surveillance technology in violation of this 29 article may bring an action in any court of competent jurisdiction: 30 (a) to enjoin such violation; and 31 (b) to recover actual damages or to receive five thousand dollars each 32 in damages for each individual violation against each individual 33 complainant, whichever is greater; and 34 (c) to recover punitive damages in an appropriate amount for a law 35 enforcement agency's pattern and practice of willful violations of this 36 title. 37 3. Each person affected by the use of a technology prohibited under 38 section thirty-one of this article by a law enforcement agency or law 39 enforcement officer shall be considered to have experienced a separate 40 and distinct violation of this article and may bring an action separate- 41 ly or in the form of a class action to recover in full for each 42 violation. 43 4. A court shall award costs and reasonable attorneys' fees to a 44 plaintiff who is the prevailing party in an action brought under this 45 article. 46 5. Nothing in this section shall be construed to limit any individ- 47 ual's rights under state, federal, or local law. 48 § 34. Severability. If any provision of this article or the applica- 49 tion thereof to any person or circumstances is held invalid, such inva- 50 lidity shall not affect other provisions or applications of the article 51 which can be given effect without the invalid provision or application, 52 and to this end the provisions of this article are declared to be sever- 53 able. 54 § 2. This act shall take effect immediately.