Legislative Memo: Civil Commitment of Sex Offenders (2004)

This bill provides for the indefinite civil commitment of persons deemed to be “sexually violent predators” even after the completion of their confinement for any past acts they have committed. By providing for the forcible detention of individuals who neither meet the definition of “mentally ill” nor pose an immediate threat to themselves or others, this bill permits the government to exercise one of the most serious intrusions on individual rights, forcible deprivation of liberty, based on the conclusion that an individual has a “condition” that “predisposes” that person to the commission of certain acts.... Read More

Legislative Memo: Fetal Assault (2004)

This bill has as its principal intent and effect the redefinition of a fetus or embryo, at any stage of gestation, as a person. With this new definition in place, the bill then creates a number of new criminal offenses for crimes committed against the fetus or embryo – including murder, manslaughter, criminally negligent homicide and vehicular manslaughter.... Read More

Legislative Memo: Notification of Unauthorized Access to Personal Information (2004)

This bill would require state agencies and private companies to notify individuals in the event that their confidential computerized information is the subject of a security breach. The NYCLU believes this bill is an important step in recognizing the need for heightened protections of confidential information collected and maintained in electronic databases by state agencies and businesses. ... Read More

Legislative Memo: Child Abuse Reporting (2004)

This bill was initially introduced in response to widespread reports of child abuse committed by members of the clergy. Existing law requires the reporting only of suspected abuse against a minor by a family member. The law does not currently address allegations of child abuse by clergy persons or the failure of religious institutions to respond to such allegations.... Read More

Legislative Memo: Cyber-cafe Restrictions (2004)

This bill would institute a regime of regulation for internet cafes. Specifically, registration of these businesses would be required, and significant restrictions would be put on the ability of minors to make use of these establishments. While the intent of the bill is to prevent violence in these businesses and to provide an avenue for addressing problem businesses, many provisions in the bill would do nothing to further that objective, but would instead unconstitutionally limit minors’ access to these establishments.... Read More

Legislative Memo: State Terrorism Legislation (2004)

This bill represents a major policy initiative regarding the state’s response to terrorism. However the bill appeared in print on June 23, 2004 -- one day after the final day of the 2004 legislative session, according to the legislature’s published calendar. The NYCLU opposes this bill due to the absence of meaningful public deliberation by the legistlature on this issue, but also due to the bill's merits.... Read More

Legislative Memo: Anti-Terrorism Preparedness Act (2004)

This bill represents a major policy initiative regarding the state’s response to terrorism. The NYCLU opposes its passage due to the absence of meaningful public deliberation by the legislature and due to the bill's merits.... Read More

Legislative Memo: DNA Databank Expansion (2004)

This bill would massively expand the reach of New York State’s DNA database to require that all persons convicted and sentenced for any felony or any misdemeanor would be required to provide a sample for DNA testing.... Read More

Legislative Memo: Search Protections Elimination (2003)

This bill proposes several amendments to the criminal procedure law, two of which would significantly diminish the legal constraints upon law enforcement officials when interacting with civilians and when conducting searches and seizures. ... Read More

Legislative Memo: E-mail "Spam" Advertising (2003)

This legislation would prohibit the misidentification of origination and routing information related to an unsolicited commercial electronic mail (UCEM) message; it would also provide a civil right of action for violating the UCEM or bulk electronic mail policy of an internet service provider. The NYCLU opposes this bill because it is not narrowly drawn to achieve the state's interests.... Read More