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Assembly Bill A2683

2015-2016 Legislative Session

Relates to protection against unwarranted surveillance

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Archive: Last Bill Status - In Assembly Committee

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2015-A2683 (ACTIVE) - Details

See Senate Version of this Bill:
S1841
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง700.16, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6244, S6412
2017-2018: A2557, S2913

2015-A2683 (ACTIVE) - Summary

Relates to protection against unwarranted surveillance.

2015-A2683 (ACTIVE) - Bill Text download pdf 

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

                                  2683

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. SEPULVEDA, CRESPO, KIM, HEASTIE, ARROYO, CAMARA,
  RIVERA, MOSLEY, WRIGHT, RAMOS, LIFTON, DINOWITZ, ENGLEBRIGHT,  LENTOL,
  LOPEZ,  McLAUGHLIN, BENEDETTO, BORELLI, ABINANTI, GALEF -- Multi-Spon-
  sored by -- M. of A.  BRAUNSTEIN, FAHY, LUPINACCI, McDONOUGH, MONTESA-
  NO, MOYA, PERRY, RODRIGUEZ -- read once and referred 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.
                                                           LBD06207-01-5

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