STATE OF NEW YORK ________________________________________________________________________ 2210 2025-2026 Regular Sessions IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to out-of-state investigations and warrants regarding legally protected health activ- ity in New York state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 705.10 of the criminal procedure law, as added by 2 chapter 744 of the laws of 1988, is amended to read as follows: 3 § 705.10 Orders authorizing the use of a pen register or a trap and 4 trace device; when issuable. 5 1. An order authorizing the use of a pen register or a trap and trace 6 device may issue only: 7 [1.] (a) Upon an appropriate application made in conformity with this 8 article; and 9 [2.] (b) Upon a determination that an application sets forth specific, 10 articulable facts, warranting the applicant's reasonable suspicion that 11 a designated crime has been, is being, or is about to be committed and 12 demonstrating that the information likely to be obtained by use of a pen 13 register or trap and trace device is or will be relevant to an ongoing 14 criminal investigation of such designated crime. 15 2. Notwithstanding any other provision in this article, no court shall 16 enter an ex parte order authorizing the installation and use of a pen 17 register or a trap and trace device for the purpose of investigating or 18 recovering evidence of a legally protected health activity, as defined 19 in section 570.17 of this article. 20 § 2. Section 700.15 of the criminal procedure law, as amended by chap- 21 ter 744 of the laws of 1988, is amended to read as follows: 22 § 700.15 Eavesdropping and video surveillance warrants; when issuable. 23 1. An eavesdropping or video surveillance warrant may issue only: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05519-01-5
A. 2210 2 1 [1.] (a) Upon an appropriate application made in conformity with this 2 article; and 3 [2.] (b) Upon probable cause to believe that a particularly described 4 person is committing, has committed, or is about to commit a particular 5 designated offense; and 6 [3.] (c) Upon probable cause to believe that particular communications 7 concerning such offense will be obtained through eavesdropping, or upon 8 probable cause to believe that particular observations concerning such 9 offense will be obtained through video surveillance; and 10 [4.] (d) Upon a showing that normal investigative procedures have been 11 tried and have failed, or reasonably appear to be unlikely to succeed if 12 tried, or to be too dangerous to employ; and 13 [5.] (e) Upon probable cause to believe that the facilities from 14 which, or the place where, the communications are to be intercepted or 15 the video surveillance is to be conducted, are being used, or are about 16 to be used, in connection with the commission of such offense, or are 17 leased to, listed in the name of, or commonly used by such person. 18 2. Notwithstanding any other provision in this article, no court shall 19 enter an ex parte order authorizing interception of a telephonic commu- 20 nication or electronic communications for the purpose of investigating 21 or recovering evidence of a legally protected health activity, as 22 defined in section 570.17 of this article. 23 § 3. Section 690.40 of the criminal procedure law is amended by adding 24 a new subdivision 4 to read as follows: 25 4. No warrant shall be issued under this article for any item or items 26 that pertain to an investigation into a legally protected health activ- 27 ity, as defined in section 570.17 of this article. 28 § 4. The criminal procedure law is amended by adding a new section 29 690.60 to read as follows: 30 § 690.60 Search warrants; certain requirements for corporations. 31 1. A corporation domiciled in New York state, when served with a 32 warrant issued by another state to produce records shall not produce 33 such records when such corporation knows or should know that such 34 warrant relates to an investigation into, or enforcement of, a legally 35 protected health activity, as defined in section 570.17 of this article. 36 2. (a) No warrant issued upon a corporation domiciled in New York 37 state shall be enforceable unless such warrant includes, or is accompa- 38 nied by, an attestation that the evidence sought is not related to an 39 investigation into, or enforcement of, a legally protected health activ- 40 ity, as defined in section 570.17 of this article. 41 (b) A corporation domiciled in New York state that is served with a 42 warrant shall be entitled to rely on the representations made in an 43 attestation described in paragraph (a) of this subdivision in determin- 44 ing whether such warrant relates to an investigation into, or enforce- 45 ment of, a legally protected health activity, as defined in section 46 570.17 of this article. 47 § 5. This act shall take effect immediately.