senate Bill S411

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 Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jan 07, 2015 referred to codes

Co-Sponsors

S411 - Details

See Assembly Version of this Bill:
A1247
Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Add ยง52-a, Civ Rts L

S411 - Summary

Imposes limitations on the use of drones within the state.

S411 - Sponsor Memo

S411 - 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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