New York Senate Bill S07739 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7739--A Cal. No. 787 2023-2024 Regular Sessions  IN SENATE 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Detective Brian Simonsen's law". 3 § 2. The executive law is amended by adding a new section 845-f to 4 read as follows: 5 § 845-f. Notification of stolen wireless telephone. Whenever any 6 police officer designated in section 1.20 of the criminal procedure law 7 or a peace officer designated in section 2.10 of such law, acting pursu- 8 ant to such officer's special duties, is made aware a wireless telephone 9 has been stolen or is believed to have been stolen, such officer shall 10 notify the business entity which was providing such wireless telephone 11 services and have such services discontinued. Any officer subject to 12 this section shall utilize the business entity's designated process for 13 receiving law enforcement and civil discovery requests in order to proc- 14 ess such officer's notification. Any business entity acting in response 15 to such a notification subject to that business entity's law enforcement 16 response process shall be deemed to be in compliance with this section 17 and shall be protected from any and all liability in the event that such 18 officer's notification is later deemed to be inaccurate, unwarranted, or 19 incorrect. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11814-05-4 
 S. 7739--A 2 1 § 3. The general business law is amended by adding a new section 399- 2 eee to read as follows: 3 § 399-eee. Disabling of stolen wireless telephones. Whenever any 4 police officer designated in section 1.20 of the criminal procedure law 5 or a peace officer designated in section 2.10 of such law, acting pursu- 6 ant to such officer's special duties, notifies any person, firm, part- 7 nership, association, limited liability company, corporation, or other 8 business entity providing wireless telephone services, as such term is 9 defined in paragraph (b) of subdivision one of section twelve hundred 10 twenty-five-c of the vehicle and traffic law, that a wireless telephone 11 using such business entity's wireless telephone services has been 12 stolen, such business entity shall cease wireless telephone services to 13 such stolen wireless telephone. 14 § 4. This act shall take effect on the ninetieth day after it shall 15 have become a law.