|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Apr 08, 2013||referred to codes|
senate Bill S4537
Archive: Last Bill Status - In Senate Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4537 - Details
- See Assembly Version of this Bill:
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §52-a, Civ Rts L
S4537 - Sponsor Memo
BILL NUMBER:S4537 TITLE OF BILL: An act to amend the civil rights law, in relation to imposing limitations on the use of drones within the state PURPOSE: This legislation seeks to protect New York State residents from unwarranted and unauthorized use of drones or other unmanned aircrafts to conduct surveillance upon them inside their homes or place of worship or within the closed confines of their property or other locations where a person would have an expectation of privacy. SUMMARY OF PROVISIONS: The bill amends the civil rights law, section 52, Right of Privacy, by adding a new section 52-a entitled "Limitations on the use of drones." The bill provides for limitations on the use of a drone by a person, entity, law enforcement agency, and state, county or municipal agency to gather, store or collect evidence of any type, including audio or video recordings, or both, or other information pertaining to criminal conduct or conduct in violation of a-statute or regulation, except to the extent specifically authorized by a valid search warrant. In the event that exigent circumstances exist, the bill provides the use of drones by a law enforcement agency if it possesses reasonable suspicion that swift action is necessary to prevent imminent danger to life.
S4537 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4537 2013-2014 Regular Sessions I N S E N A T E April 8, 2013 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to imposing limita- tions on the use of drones within the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Empire State citizens' protection from unwarranted surveillance act". S 2. The civil rights law is amended by adding a new section 52-a to read as follows: S 52-A. LIMITATIONS ON THE USE OF DRONES. 1. NO LAW ENFORCEMENT AGENCY OR A STATE, COUNTY OR MUNICIPAL AGENCY SHALL USE A DRONE OR OTHER UNMANNED AIRCRAFT TO GATHER, STORE OR COLLECT EVIDENCE OF ANY TYPE, INCLUDING AUDIO OR VIDEO RECORDINGS, OR BOTH, OR OTHER INFORMATION PERTAINING TO CRIMINAL CONDUCT OR CONDUCT IN VIOLATION OF A STATUTE OR REGULATION EXCEPT TO THE EXTENT SPECIFICALLY AUTHORIZED IN A VALID SEARCH WARRANT; PROVIDED, HOWEVER, THAT THE USE OF A DRONE BY A LAW ENFORCEMENT AGENCY OR A STATE, COUNTY OR MUNICIPAL AGENCY IS NOT PROHIB- ITED WHEN EXIGENT CIRCUMSTANCES EXIST. FOR THE PURPOSES OF THIS SECTION, EXIGENT CIRCUMSTANCES EXIST IF A LAW ENFORCEMENT AGENCY POSSESSES REASONABLE SUSPICION THAT SWIFT ACTION IS NECESSARY TO PREVENT IMMINENT DANGER TO LIFE. 2. NO PERSON, ENTITY, OR STATE AGENCY SHALL USE A DRONE OR OTHER UNMANNED AIRCRAFT TO CONDUCT SURVEILLANCE OF OR TO MONITOR ANY INDIVID- UAL INSIDE HIS OR HER HOME OR PLACE OF WORSHIP OR WITHIN THE CLOSED CONFINES OF THEIR PROPERTY OR OTHER LOCATIONS WHERE A PERSON WOULD HAVE AN EXPECTATION OF PRIVACY. 3. THIS SECTION DOES NOT PROHIBIT THE USE OF A DRONE: A. BY A LAW ENFORCEMENT AGENCY: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09740-02-3 S. 4537 2
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