Assembly Actions -
Senate Actions - UPPERCASE
|Jan 06, 2016||
referred to codes
|Jan 07, 2015||
referred to codes
Senate Bill S411
2015-2016 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S411 (ACTIVE) - Details
2015-S411 (ACTIVE) - Sponsor Memo
BILL NUMBER: S411 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-an 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
2015-S411 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 411 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ 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. LBD02351-01-5
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