A. 8093--A 2 (C) "LEASED IN NEW YORK," OR ANY VARIATION THEREOF, MEANS THAT THE SMARTPHONE IS CONTRACTED FOR A SPECIFIED PERIOD OF TIME TO AN END-USE CONSUMER AT AN ADDRESS WITHIN THE STATE. 2. ANY SMARTPHONE THAT IS MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND SOLD OR LEASED IN NEW YORK, SHALL BE CAPABLE OF BEING DECRYPTED AND UNLOCKED BY ITS MANUFACTURER OR ITS OPERATING SYSTEM PROVIDER. 3. THE SALE OR LEASE IN NEW YORK OF A SMARTPHONE MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN THAT IS NOT CAPABLE OF BEING DECRYPTED AND UNLOCKED BY ITS MANUFACTURER OR ITS OPERATING SYSTEM PROVIDER SHALL SUBJECT THE SELLER OR LESSOR TO A CIVIL PENALTY OF TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SMARTPHONE SOLD OR LEASED IF IT IS DEMONSTRATED THAT THE SELLER OR LESSOR OF THE SMARTPHONE KNEW AT THE TIME OF THE SALE OR LEASE THAT THE SMARTPHONE WAS NOT CAPABLE OF BEING DECRYPTED AND UNLOCKED BY ITS MANUFACTURER OR ITS OPERATING SYSTEM PROVIDER. NO SELLER OR LESSOR WHO PAYS THE CIVIL PENALTY MAY PASS ANY PORTION OF THAT PENALTY ON TO ANY PURCHASER OF SMARTPHONES BY RAISING THE SALES OR LEASE PRICE OF SMARTPHONES. 4. THE RETAIL SALE OR LEASE OF A SMARTPHONE MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN THAT IS NOT CAPABLE OF BEING DECRYPTED AND UNLOCKED BY ITS MANUFACTURER OR ITS OPERATING SYSTEM PROVIDER SHALL NOT RESULT IN LIABILITY TO THE SELLER OR LESSOR IF THE INABILITY OF THE MANUFACTURER AND OPERATING SYSTEM PROVIDER TO DECRYPT AND UNLOCK THE SMARTPHONE IS THE RESULT OF ACTIONS TAKEN BY ANY PERSON OR ENTITY OTHER THAN THE MANUFACTURER, THE OPERATING SYSTEM PROVIDER, THE SELLER, OR THE LESSOR SO LONG AS SUCH ACTIONS WERE UNAUTHORIZED BY THE MANUFACTURER, THE OPERATING SYSTEM PROVIDER, THE SELLER, OR THE LESSOR UNLESS AT THE TIME OF SALE OR LEASE THE SELLER OR LESSOR HAD RECEIVED NOTIFICATION THAT THE MANUFACTURER AND OPERATING SYSTEM PROVID- ER WERE UNABLE TO DECRYPT AND UNLOCK SMARTPHONES THAT HAD BEEN ACTED UPON IN THE MANNER DESCRIBED ABOVE. 5. A CIVIL SUIT TO ENFORCE THIS SECTION MAY BE BROUGHT BY THE FOLLOW- ING PARTIES AND NONE OTHERS: (A) THE ATTORNEY GENERAL, FOR ANY SALE OR LEASE OF A SMARTPHONE IN NEW YORK, AND (B) THE DISTRICT ATTORNEY FOR ANY SALE OR LEASE OF A SMARTPHONE IN THE COUNTY REPRESENTED BY THE DISTRICT ATTORNEY, PROVIDED, HOWEVER THAT THE SELLER OR LESSOR MAY BE SUBJECT TO NOT MORE THAN A SINGLE PENALTY FOR EACH SALE OR LEASE OF A SMARTPHONE. S 2. This act shall take effect immediately.