Amd §§705.00, 705.10, 700.05, 700.15, 690.40 & 140.10, add §690.60, CP L; ren §837-w to be §837-x, amd
§837-x, Exec L
Prohibits issuance of certain search warrants relating to out-of-state investigations of abortion services provided in NYS; prohibits corporations domiciled in NYS from complying with certain out-of-state search warrants regarding abortion services provided in NYS; makes related provisions prohibiting cooperation with certain investigations into abortion services provided in NYS.
STATE OF NEW YORK
________________________________________________________________________
3310
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to out-of-state investigations and warrants regarding
abortions performed 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 705.00 of the criminal procedure law is amended by
2 adding a new subdivision 7 to read as follows:
3 7. "Prohibited violation" means any violation of law that creates
4 liability for, or arising out of, either of the following:
5 (a) Providing, facilitating, or obtaining an abortion that is lawful
6 under New York law; or
7 (b) Intending or attempting to provide, facilitate, or obtain an
8 abortion that is lawful under New York law.
9 § 2. Section 705.10 of the criminal procedure law, as added by chapter
10 744 of the laws of 1988, is amended to read as follows:
11 § 705.10 Orders authorizing the use of a pen register or a trap and
12 trace device; when issuable.
13 1. An order authorizing the use of a pen register or a trap and trace
14 device may issue only:
15 [1.] (a) Upon an appropriate application made in conformity with this
16 article; and
17 [2.] (b) Upon a determination that an application sets forth specific,
18 articulable facts, warranting the applicant's reasonable suspicion that
19 a designated crime has been, is being, or is about to be committed and
20 demonstrating that the information likely to be obtained by use of a pen
21 register or trap and trace device is or will be relevant to an ongoing
22 criminal investigation of such designated crime.
23 2. Notwithstanding any other provision in this article, no court shall
24 enter an ex parte order authorizing the installation and use of a pen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06227-01-3
A. 3310 2
1 register or a trap and trace device for the purpose of investigating or
2 recovering evidence of a prohibited violation.
3 § 3. Section 700.05 of the criminal procedure law is amended by adding
4 a new subdivision 11 to read as follows:
5 11. "Prohibited violation" means any violation of law that creates
6 liability for, or arising out of, either of the following:
7 (a) Providing, facilitating, or obtaining an abortion that is lawful
8 under New York law; or
9 (b) Intending or attempting to provide, facilitate, or obtain an
10 abortion that is lawful under New York law.
11 § 4. Section 700.15 of the criminal procedure law, as amended by chap-
12 ter 744 of the laws of 1988, is amended to read as follows:
13 § 700.15 Eavesdropping and video surveillance warrants; when issuable.
14 1. An eavesdropping or video surveillance warrant may issue only:
15 [1.] (a) Upon an appropriate application made in conformity with this
16 article; and
17 [2.] (b) Upon probable cause to believe that a particularly described
18 person is committing, has committed, or is about to commit a particular
19 designated offense; and
20 [3.] (c) Upon probable cause to believe that particular communications
21 concerning such offense will be obtained through eavesdropping, or upon
22 probable cause to believe that particular observations concerning such
23 offense will be obtained through video surveillance; and
24 [4]. (d) Upon a showing that normal investigative procedures have been
25 tried and have failed, or reasonably appear to be unlikely to succeed if
26 tried, or to be too dangerous to employ; and
27 [5.] (e) Upon probable cause to believe that the facilities from
28 which, or the place where, the communications are to be intercepted or
29 the video surveillance is to be conducted, are being used, or are about
30 to be used, in connection with the commission of such offense, or are
31 leased to, listed in the name of, or commonly used by such person.
32 2. Notwithstanding any other provision in this article, no court shall
33 enter an ex parte order authorizing interception of a telephonic commu-
34 nication or electronic communications for the purpose of investigating
35 or recovering evidence of a prohibited violation.
36 § 5. Section 690.40 of the criminal procedure law is amended by adding
37 a new subdivision 4 to read as follows:
38 4. No warrant shall be issued under this article for any item or items
39 that pertain to an investigation into a prohibited violation. For the
40 purposes of this subdivision, the term "prohibited violation" shall mean
41 any violation of law that creates liability for, or arising out of,
42 either of the following:
43 (a) Providing, facilitating, or obtaining an abortion that is lawful
44 under New York law; or
45 (b) Intending or attempting to provide, facilitate, or obtain an
46 abortion that is lawful under New York law.
47 § 6. The criminal procedure law is amended by adding a new section
48 690.60 to read as follows:
49 § 690.60 Search warrants; certain requirements for corporations.
50 1. For the purposes of this section, the term "prohibited violation"
51 shall mean any violation of law that creates liability for, or arising
52 out of, either of the following:
53 (a) Providing, facilitating, or obtaining an abortion that is lawful
54 under New York law; or
55 (b) Intending or attempting to provide, facilitate, or obtain an
56 abortion that is lawful under New York law.
A. 3310 3
1 2. A corporation domiciled in New York state, when served with a
2 warrant issued by another state to produce records shall not produce
3 such records when such corporation knows or should know that such
4 warrant relates to an investigation into, or enforcement of, a prohibit-
5 ed violation.
6 3. (a) No warrant issued upon a corporation domiciled in New York
7 state shall be enforceable unless such warrant includes, or is accompa-
8 nied by, an attestation that the evidence sought is not related to an
9 investigation into, or enforcement of, a prohibited violation.
10 (b) A corporation domiciled in New York state that is served with a
11 warrant shall be entitled to rely on the representations made in an
12 attestation described in paragraph (a) of this subdivision in determin-
13 ing whether such warrant relates to an investigation into, or enforce-
14 ment of, a prohibited violation.
15 § 7. Subdivision 3-a of section 140.10 of the criminal procedure law,
16 as added by chapter 219 of the laws of 2022, is amended to read as
17 follows:
18 3-a. A police officer [may] shall not arrest any person for performing
19 or aiding in the performance of an abortion within this state, or in
20 procuring an abortion in this state, if the abortion is performed in
21 accordance with the provisions of article twenty-five-A of the public
22 health law or any other applicable law of this state.
23 § 8. Section 837-w of the executive law, as added by chapter 219 of
24 the laws of 2022, is renumbered section 837-x and amended to read as
25 follows:
26 § 837-x. Cooperation with certain out-of-state investigations. No
27 state or local law enforcement agency shall cooperate with or provide
28 information to any individual or out-of-state agency or department, or,
29 to the extent permitted by federal law, to a federal law enforcement
30 agency, regarding the provision of a lawful abortion performed in this
31 state. Nothing in this section shall prohibit the investigation of any
32 criminal activity in this state which may involve the performance of an
33 abortion, provided that no information relating to any medical procedure
34 performed on a specific individual may be shared with an out-of-state
35 agency or any other individual. Nothing in this section shall prohibit
36 compliance with a valid, court-issued subpoena or warrant.
37 § 9. This act shall take effect immediately.
