senate Bill S6412

Relates to protection against unwarranted surveillance

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 22 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to protection against unwarranted surveillance.

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Bill Details

See Assembly Version of this Bill:
A6244
Versions:
S6412
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §700.16, CP L

Sponsor Memo

BILL NUMBER:S6412

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to protecting against unwarranted surveillance

PURPOSE OR GENERAL IDEA OF THE BILL:

This bill requires that aerial surveillance conducted by law
enforcement agencies or on behalf of such agencies satisfy
constitutional requirements.

SUMMARY OF PROVISIONS:

This bill adds a new section, 700.16, to the criminal procedure law.
The bill provides that no person or entity, working for or assisting a
state, county, municipal or local government entity or authority, or
acting on behalf of such entity shall use, operate, engage or employ
an unmanned aerial vehicle to gather evidence related to an ongoing
criminal matter without court authorization. This prohibition allows
for this surveillance to occur, absent a warrant being issued, when
circumstances allow for a lawful exception to the warrant requirement:
hot pursuit, emergency, et cetera. Further, the bill defines the term
"unmanned aerial vehicle." And, lastly requires that evidence or other
information obtained in violation of this section shall be
inadmissible in any criminal action against a pasty to illegal
surveillance and that such aggrieved person may seek civil and
equitable relief for such violation.

JUSTIFICATION:

Our laws currently fail to explicitly protect our residents from an
increasing threat posed to their liberty and privacy interests.
Freedom and the common good cannot be served by an all seeing eye in
the sky intruding into the private affairs of New Yorkers. New, overly
intrusive technologies in the hands of law enforcement require that
the Legislature set sensible limits on their use.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6412

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in  relation  to  protecting
  against unwarranted surveillance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 700.16 to read as follows:
S 700.16 PROTECTION AGAINST UNWARRANTED SURVEILLANCE.
  1.  NO  PERSON  OR  ENTITY  ACTING UNDER COLOR OF THE AUTHORITY OF ANY
STATE, COUNTY, MUNICIPAL OR LOCAL GOVERNMENTAL ENTITY OR  AUTHORITY,  OR
ACTING  ON  BEHALF  OF ANY SUCH ENTITY OR AUTHORITY, SHALL USE, OPERATE,
ENGAGE OR EMPLOY AN UNMANNED AERIAL VEHICLE AS DEFINED IN  THIS  SECTION
TO  GATHER  EVIDENCE OR OTHER INFORMATION RELATED TO A CRIMINAL INVESTI-
GATION, CRIMINAL CASE, OR CONDUCT IN VIOLATION OF REGULATION EXCEPT WHEN
AUTHORIZED UNDER A WARRANT ISSUED BY A COURT OF RECORD OR  JUSTIFIED  BY
LAWFUL EXCEPTION TO THE WARRANT REQUIREMENT.
  2.  THE TERM "UNMANNED AERIAL VEHICLE" MEANS ANY POWERED, AERIAL VEHI-
CLE THAT DOES NOT CARRY A HUMAN OPERATOR WITHIN OR ON THE  AIRCRAFT  AND
IS EITHER AUTONOMOUS OR REMOTELY PILOTED.
  3.  ANY  EVIDENCE  OR  OTHER  INFORMATION  OBTAINED  IN THIS MANNER IN
CONTRAVENTION OF THIS SECTION SHALL BE DEEMED INADMISSIBLE IN ANY CRIMI-
NAL ACTION AGAINST AN INJURED PERSON. ANY PERSON AGGRIEVED  BY  SUCH  AN
INTRUSION  MAY  SEEK  CIVIL AND EQUITABLE RELIEF FOR A VIOLATION OF THIS
SECTION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09723-03-3

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