senate Bill S6412

2013-2014 Legislative Session

Relates to protection against unwarranted surveillance

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 22, 2014 referred to codes

S6412 - Details

See Assembly Version of this Bill:
A6244
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add §700.16, CP L

S6412 - Summary

Relates to protection against unwarranted surveillance.

S6412 - Sponsor Memo

S6412 - Bill Text download pdf

                    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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