S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3396
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT, COOK, SEPULVEDA, GALEF -- Multi-
   Sponsored by -- M.  of A. LENTOL, PERRY -- read once and  referred  to
   the Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to the use of unmanned
   aerial vehicles

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature hereby finds that:
   (a) unmanned aerial vehicle technology has begun expanding out of  its
 traditional military markets and into civilian markets;
   (b)  Congress has ordered the Federal Aviation Administration to inte-
 grate unmanned aerial vehicles into the air traffic  control  system  by
 2015;
   (c)  81  agencies across the United States have applied to the Federal
 Aviation Administration for licenses to operate  unmanned  aerial  vehi-
 cles;
   (d)  the  use of unmanned aerial vehicles represents both a great tool
 for law enforcement and a great risk to civil liberties; and
   (e) legislation is required to ensure that the future use of  unmanned
 aerial vehicles complies with the level of privacy that New Yorkers have
 come to expect in their lives.
   §  2.  The  civil rights law is amended by adding a new article 6-A to
 read as follows:
                                 ARTICLE 6-A
                          USE OF UNMANNED AERIAL
                                 VEHICLES
 SECTION 66.   USE OF UNMANNED AERIAL VEHICLES; DEFINITION.
         66-A. LAWFUL USE OF UNMANNED AERIAL VEHICLES.
         66-B. DATA RETENTION.
         66-C. ADMINISTRATIVE DISCIPLINE FOR MISUSE  OF  UNMANNED  AERIAL
                 VEHICLES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03889-01-7

 A. 3396                             2
 
         66-D. REPORTING.
   §  66.  USE  OF UNMANNED AERIAL VEHICLES; DEFINITION.  AS USED IN THIS
 ARTICLE, "UNMANNED AERIAL VEHICLE" MEANS ANY AIRCRAFT THAT  IS  OPERATED
 WITHOUT  THE  POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON
 THE AIRCRAFT.
   § 66-A. LAWFUL USE OF UNMANNED AERIAL  VEHICLES.    1.  EVERY  USE  OF
 UNMANNED  AERIAL  VEHICLES  SHALL FULLY COMPLY WITH ALL FEDERAL AVIATION
 ADMINISTRATION REQUIREMENTS AND GUIDELINES, AND ACQUISITION OF  UNMANNED
 AERIAL  VEHICLES  BY  LAW  ENFORCEMENT  AGENCIES MUST BE APPROVED BY THE
 GOVERNING BODY OF THE POLITICAL SUBDIVISION OVERSEEING THE LAW  ENFORCE-
 MENT AGENCY SEEKING TO ACQUIRE THE UNMANNED AERIAL VEHICLES.
   2.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION THREE OF THIS SECTION, IT IS
 UNLAWFUL FOR AN AGENT OF THE STATE OR ANY POLITICAL SUBDIVISION  THEREOF
 TO  OPERATE AN UNMANNED AERIAL VEHICLE, OR TO DISCLOSE OR RECEIVE INFOR-
 MATION ACQUIRED THROUGH THE OPERATION OF AN UNMANNED AERIAL VEHICLE.
   3. THE FOLLOWING SHALL BE EXCEPTIONS FROM THE PROHIBITION  ESTABLISHED
 IN SUBDIVISION TWO OF THIS SECTION:
   (A)  IT  SHALL NOT BE UNLAWFUL PURSUANT TO THIS SECTION TO DISCLOSE OR
 RECEIVE INFORMATION ABOUT ANY PERSON OR  THEIR  REAL  PROPERTY  ACQUIRED
 THROUGH  THE  OPERATION OF AN UNMANNED AERIAL VEHICLE IF SUCH PERSON HAS
 GIVEN WRITTEN CONSENT TO SUCH DISCLOSURE;
   (B) IT SHALL NOT BE UNLAWFUL PURSUANT TO THIS SECTION FOR AN AGENT  OF
 THE  STATE  OR  ANY POLITICAL SUBDIVISION THEREOF TO OPERATE AN UNMANNED
 AERIAL VEHICLE AND FOR INFORMATION FROM SUCH OPERATION TO  BE  DISCLOSED
 OR  RECEIVED  IF THE UNMANNED AERIAL VEHICLE IS USED IN CIRCUMSTANCES IN
 WHICH IT IS REASONABLE TO BELIEVE THAT THERE IS AN  IMMINENT  THREAT  TO
 THE  LIFE  OR  SAFETY  OF  A  PERSON, AND TO THEREBY ASSIST SUCH PERSON,
 PROVIDED THAT NOT LATER THAN FORTY-EIGHT HOURS AFTER THE  AGENT  OF  THE
 STATE  OR  ANY  POLITICAL  SUBDIVISION  THEREOF  BEGINS OPERATION OF THE
 UNMANNED AERIAL VEHICLE, A SUPERVISORY OFFICIAL OF  THE  STATE  OR  SUCH
 POLITICAL SUBDIVISION SHALL FILE THE SWORN STATEMENT WITH A COURT HAVING
 JURISDICTION  OVER  THE  AREA OF THE EMERGENCY SETTING FORTH THE FACTUAL
 BASIS AND GROUNDS FOR THE EMERGENCY ACCESS;
   (C) PURSUANT TO THE FOLLOWING WARRANTS:
   (1) EAVESDROPPING WARRANT. AN UNMANNED AERIAL VEHICLE MAY BE  OPERATED
 FOR  THE  PURPOSE  OF EAVESDROPPING, AND INFORMATION FROM SUCH OPERATION
 DISCLOSED ONLY PURSUANT TO AN EAVESDROPPING WARRANT ISSUED  PURSUANT  TO
 AND REGULATED BY ARTICLE SEVEN HUNDRED OF THE CRIMINAL PROCEDURE LAW.
   (2)  VIDEO  SURVEILLANCE  WARRANT.  AN  UNMANNED AERIAL VEHICLE MAY BE
 OPERATED FOR THE PURPOSE OF VIDEO  SURVEILLANCE,  AND  INFORMATION  FROM
 SUCH  OPERATION  DISCLOSED ONLY PURSUANT TO A VIDEO SURVEILLANCE WARRANT
 ISSUED PURSUANT TO AND REGULATED BY ARTICLE SEVEN HUNDRED OF THE  CRIMI-
 NAL PROCEDURE LAW.
   A  JUDGE  MAY ISSUE SUCH WARRANTS SIMULTANEOUSLY OR INDIVIDUALLY AS HE
 OR SHE SEES FIT.
   (D) IT SHALL NOT BE UNLAWFUL PURSUANT TO THIS SECTION FOR AN AGENT  OF
 THE  STATE  OR  ANY POLITICAL SUBDIVISION THEREOF TO OPERATE AN UNMANNED
 AERIAL VEHICLE FOR RESEARCH IN AREAS SUCH AS, BUT NOT LIMITED TO,  ATMO-
 SPHERIC  STUDIES,  AGRICULTURAL  STUDIES AND LAND USE STUDIES.  PROVIDED
 THAT NO PART OF ANY INFORMATION AND NO EVIDENCE DERIVED FROM SUCH OPERA-
 TION MAY BE RECEIVED AS EVIDENCE IN ANY TRIAL, HEARING OR OTHER PROCEED-
 ING IN OR BEFORE ANY COURT, GRAND  JURY,  DEPARTMENT,  OFFICER,  AGENCY,
 REGULATORY  ENFORCEMENT  BODY,  OR  OTHER  DISCIPLINARY AUTHORITY OF THE
 STATE OR A  POLITICAL  SUBDIVISION  THEREOF,  OR  FOR  ANY  INTELLIGENCE
 PURPOSE.

 A. 3396                             3
 
   4. WHEN UNMANNED AERIAL VEHICLES ARE USED PURSUANT TO PARAGRAPH (C) OF
 SUBDIVISION THREE OF THIS SECTION, THEY SHALL BE OPERATED IN A MANNER TO
 COLLECT DATA ONLY ON THE TARGET AND TO AVOID DATA COLLECTION ON INDIVID-
 UALS,  HOMES  OR AREAS OTHER THAN THE TARGET. NEITHER FACIAL RECOGNITION
 NOR OTHER BIOMETRIC MATCHING TECHNOLOGY SHALL BE USED ON NON-TARGET DATA
 COLLECTED BY AN UNMANNED AERIAL VEHICLE.
   5.  NO UNMANNED AERIAL VEHICLE OPERATED IN THE STATE SHALL BE EQUIPPED
 WITH ANY LETHAL OR NON-LETHAL WEAPON.
   § 66-B. DATA RETENTION.  1. NO DATA COLLECTED  PURSUANT  TO  PARAGRAPH
 (A),  (B)  OR  (C)  OF  SUBDIVISION THREE OF SECTION SIXTY-SIX-A OF THIS
 ARTICLE ON AN INDIVIDUAL HOME OR AREA OTHER THAN THE TARGET THAT  JUSTI-
 FIED  DEPLOYMENT  MAY BE USED, COPIED OR DISCLOSED FOR ANY PURPOSE. SUCH
 DATA SHALL BE DELETED AS SOON AS POSSIBLE, AND IN NO  EVENT  LATER  THAN
 TWENTY-FOUR HOURS AFTER COLLECTION.
   2. WHENEVER AN AGENT OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF
 USES AN UNMANNED AERIAL VEHICLE, NO PART OF THE INFORMATION ACQUIRED AND
 NO  EVIDENCE  DERIVED  THEREFROM  SHALL  BE  RECEIVED IN EVIDENCE IN ANY
 TRIAL, HEARING OR OTHER PROCEEDING IN OR BEFORE ANY COURT,  GRAND  JURY,
 DEPARTMENT,  OFFICER, AGENCY, REGULATORY BODY, LEGISLATIVE COMMITTEE, OR
 OTHER AUTHORITY OF THE STATE OR A POLITICAL SUBDIVISION THEREOF  IF  THE
 DISCLOSURE OF THAT INFORMATION IS IN VIOLATION OF THIS ARTICLE.
   § 66-C. ADMINISTRATIVE  DISCIPLINE FOR MISUSE OF UNMANNED AERIAL VEHI-
 CLES.  1. IF A COURT OR APPROPRIATE DEPARTMENT OR AGENCY DETERMINES THAT
 AN AGENT OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF HAS  VIOLATED
 ANY  PROVISION  OF THIS ARTICLE, AND THE COURT OR APPROPRIATE DEPARTMENT
 OR AGENCY FINDS THAT THE CIRCUMSTANCES SURROUNDING THE  VIOLATION  RAISE
 SERIOUS  QUESTIONS  ABOUT WHETHER OR NOT THE AGENT OF THE STATE OR POLI-
 TICAL SUBDIVISION THEREOF ACTED WILLFULLY OR INTENTIONALLY WITH  RESPECT
 TO THE VIOLATION, THE DEPARTMENT OR AGENCY SHALL, UPON RECEIPT OF A TRUE
 AND  CORRECT COPY OF THE DECISION AND FINDINGS OF THE COURT OR APPROPRI-
 ATE DEPARTMENT OR AGENCY PROMPTLY INITIATE  A  PROCEEDING  TO  DETERMINE
 WHETHER  DISCIPLINARY ACTION AGAINST THE AGENT OF THE STATE OR POLITICAL
 SUBDIVISION THEREOF IS WARRANTED. IF THE HEAD OF THE DEPARTMENT OR AGEN-
 CY INVOLVED DETERMINES THAT DISCIPLINARY ACTION IS NOT  WARRANTED,  SUCH
 HEAD SHALL NOTIFY THE STATE INSPECTOR GENERAL WITH JURISDICTION OVER THE
 DEPARTMENT  OR  AGENCY  CONCERNED  AND SHALL PROVIDE THE STATE INSPECTOR
 GENERAL WITH THE REASONS FOR SUCH DETERMINATION.
   2. ANY WILLFUL DISCLOSURE OR USE BY AN AGENT OF THE STATE OR ANY POLI-
 TICAL SUBDIVISION THEREOF OF INFORMATION BEYOND THE EXTENT PERMITTED  BY
 THIS  ARTICLE  IS  A  VIOLATION  OF  THIS  ARTICLE  FOR PURPOSES OF THIS
 SECTION.
   § 66-D. REPORTING.  ON OR BEFORE JUNE FIRST EACH YEAR, ANY  AGENCY  OF
 THE  STATE  OR  POLITICAL  SUBDIVISION THEREOF THAT USES UNMANNED AERIAL
 VEHICLES SHALL REPORT TO THE LEGISLATURE AND MAKE PUBLIC ON ITS WEBSITE:
   1. THE NUMBER OF TIMES AN UNMANNED AERIAL VEHICLE WAS USED,  ORGANIZED
 BY THE TYPES OF INCIDENTS AND THE TYPES OF JUSTIFICATION FOR DEPLOYMENT;
   2.  THE  NUMBER  OF  CRIME INVESTIGATIONS AIDED BY THE USE OF UNMANNED
 AERIAL VEHICLES, AND A DESCRIPTION OF HOW THE  UNMANNED  AERIAL  VEHICLE
 WAS HELPFUL TO EACH SUCH INVESTIGATION;
   3.  THE  NUMBER  OF USES OF UNMANNED AERIAL VEHICLES FOR REASONS OTHER
 THAN CRIMINAL INVESTIGATIONS, AND A  DESCRIPTION  OF  HOW  THE  UNMANNED
 AERIAL VEHICLE WAS HELPFUL IN EACH SUCH INSTANCE;
   4.  THE  FREQUENCY  AND TYPE OF DATA COLLECTED ON INDIVIDUALS OR AREAS
 OTHER THAN TARGETS; AND
   5. THE TOTAL COST OF THEIR UNMANNED AERIAL VEHICLE PROGRAM.
   § 3. This act shall take effect immediately.