S T A T E O F N E W Y O R K
________________________________________________________________________
4030
2019-2020 Regular Sessions
I N A S S E M B L Y
January 31, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, COOK, 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.
LBD07132-01-9
A. 4030 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. 4030 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.