Senate Bill S2913

2017-2018 Legislative Session

Relates to protection against unwarranted surveillance

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S2913 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §700.16, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6412
2015-2016: S1841

2017-S2913 (ACTIVE) - Summary

Relates to protection against unwarranted surveillance.

2017-S2913 (ACTIVE) - Sponsor Memo

2017-S2913 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2913
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
   printed to be committed 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:
 § 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01379-01-7

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