assembly Bill A1247

2015-2016 Legislative Session

Imposes limitations on the use of drones within the state

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to governmental operations
Jan 08, 2015 referred to governmental operations

Multi-Sponsors

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A1247 (ACTIVE) - Details

See Senate Version of this Bill:
S411
Law Section:
Civil Rights Law
Laws Affected:
Add §52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6370, S4537
2017-2018: A901, S1174
2019-2020: A280

A1247 (ACTIVE) - Summary

Imposes limitations on the use of drones within the state.

A1247 (ACTIVE) - Bill Text download pdf

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

                                  1247

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of A. PERRY, NOJAY -- Multi-Sponsored by -- M. of A.
  ARROYO, COOK, ENGLEBRIGHT, SEPULVEDA -- read once and referred to  the
  Committee on Governmental Operations

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