assembly Bill A9931A

2019-2020 Legislative Session

Imposes limitations on the use of drones for law enforcement purposes

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

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 09, 2020 print number 9931a
Jul 09, 2020 amend and recommit to governmental operations
Feb 27, 2020 referred to governmental operations

Co-Sponsors

A9931 - Details

See Senate Version of this Bill:
S6435
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A3311, S675

A9931 - Summary

Establishes the "protect our privacy (POP) act" to impose limitations on the use of drones for law enforcement purposes; prohibits the use of drones by law enforcement at concerts, protests, demonstrations, or other actions protected by the first amendment and requires a search warrant prior to using a drone for law enforcement purposes.

A9931 - Bill Text download pdf


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

                                  9931

                          I N  A S S E M B L Y

                            February 27, 2020
                               ___________

Introduced by M. of A. KIM -- 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 for law enforcement purposes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  civil  rights law is amended by adding a new section
52-c to read as follows:
  § 52-C. LIMITATIONS ON THE USE OF DRONES; LAW ENFORCEMENT PURPOSES. 1.
THE USE OF DRONES TO OBSERVE, MONITOR, DOCUMENT, RECORD, INVESTIGATE, OR
COLLECT DATA BY LAW ENFORCEMENT AT CONCERTS,  PROTESTS,  DEMONSTRATIONS,
OR  OTHER  ACTIONS PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES
CONSTITUTION OR SECTIONS EIGHT AND NINE OF  ARTICLE  ONE  OF  THE  STATE
CONSTITUTION IS PROHIBITED.
  2.  PEOPLE  HAVE  A  REASONABLE EXPECTATION OF PRIVACY AND A CONSTITU-
TIONAL RIGHT  TO  BE  FREE  FROM  WARRANTLESS  OBSERVATION,  MONITORING,
DOCUMENTATION,  RECORDING,  OR  INVESTIGATION  BY  A  DRONE.    A SEARCH
WARRANT, ISSUED UPON A FINDING OF PROBABLE CAUSE, SHALL BE REQUIRED  FOR
ANY  USE OF DRONES FOR LAW ENFORCEMENT PURPOSES THAT IS NOT SPECIFICALLY
PROHIBITED BY SUBDIVISION ONE OF THIS SECTION.  A SEARCH WARRANT  CANNOT
PERMIT  THE  USE OF DRONES FOR THE PURPOSEFUL OR INCIDENTAL OBSERVATION,
DOCUMENTATION, RECORDING, INVESTIGATION, OR COLLECTION OF  DATA  BY  LAW
ENFORCEMENT  AT  CONCERTS,  PROTESTS,  DEMONSTRATIONS,  OR OTHER ACTIONS
PROTECTED BY THE FIRST AMENDMENT TO THE UNITED  STATES  CONSTITUTION  OR
SECTIONS EIGHT AND NINE OF ARTICLE ONE OF THE STATE CONSTITUTION.
  3.   THE  USE  FOR  LAW  ENFORCEMENT  PURPOSES  OF  ANY  DRONE  OWNED,
CONTROLLED, OR MAINTAINED BY A PRIVATE COMPANY, PRIVATE  INDIVIDUAL,  OR
OTHER  GOVERNMENT  AGENCY SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION. A SEARCH WARRANT, ISSUED UPON A FIND-
ING OF PROBABLE CAUSE, SHALL BE REQUIRED FOR LAW ENFORCEMENT  TO  OBTAIN
ANY  DATA  OR INFORMATION OBTAINED BY A DRONE THAT IS OWNED, CONTROLLED,
OR MAINTAINED BY A PRIVATE COMPANY, PRIVATE INDIVIDUAL, OR OTHER GOVERN-
MENT AGENCY.  A SEARCH WARRANT CANNOT AUTHORIZE OBTAINING  ANY  DATA  OR
INFORMATION  RELATING  TO  THE  PURPOSEFUL  OR  INCIDENTAL  OBSERVATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

A9931A (ACTIVE) - Details

See Senate Version of this Bill:
S6435
Law Section:
Civil Rights Law
Laws Affected:
Add §52-c, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A3311, S675

A9931A (ACTIVE) - Summary

Establishes the "protect our privacy (POP) act" to impose limitations on the use of drones for law enforcement purposes; prohibits the use of drones by law enforcement at concerts, protests, demonstrations, or other actions protected by the first amendment and requires a search warrant prior to using a drone for law enforcement purposes.

A9931A (ACTIVE) - Bill Text download pdf


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

                                 9931--A

                          I N  A S S E M B L Y

                            February 27, 2020
                               ___________

Introduced  by  M.  of  A.  KIM, MOSLEY -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the civil rights law, in relation  to  imposing  limita-
  tions on the use of drones for law enforcement purposes

  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  "protect
our privacy (POP) act".
  §  2.  The civil rights law is amended by adding a new section 52-c to
read as follows:
  § 52-C. LIMITATIONS ON THE USE OF DRONES; LAW ENFORCEMENT PURPOSES. 1.
THE USE OF DRONES TO OBSERVE, MONITOR, DOCUMENT, RECORD, INVESTIGATE, OR
COLLECT DATA BY LAW ENFORCEMENT AT CONCERTS,  PROTESTS,  DEMONSTRATIONS,
OR  OTHER  ACTIONS PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES
CONSTITUTION OR SECTIONS EIGHT AND NINE OF  ARTICLE  ONE  OF  THE  STATE
CONSTITUTION IS PROHIBITED.
  2.  PEOPLE  HAVE  A  REASONABLE EXPECTATION OF PRIVACY AND A CONSTITU-
TIONAL RIGHT  TO  BE  FREE  FROM  WARRANTLESS  OBSERVATION,  MONITORING,
DOCUMENTATION,  RECORDING,  OR  INVESTIGATION  BY  A  DRONE.    A SEARCH
WARRANT, ISSUED UPON A FINDING OF PROBABLE CAUSE, SHALL BE REQUIRED  FOR
ANY  USE OF DRONES FOR LAW ENFORCEMENT PURPOSES THAT IS NOT SPECIFICALLY
PROHIBITED BY SUBDIVISION ONE OF THIS SECTION.  A SEARCH WARRANT  CANNOT
PERMIT  THE  USE OF DRONES FOR THE PURPOSEFUL OR INCIDENTAL OBSERVATION,
DOCUMENTATION, RECORDING, INVESTIGATION, OR COLLECTION OF  DATA  BY  LAW
ENFORCEMENT  AT  CONCERTS,  PROTESTS,  DEMONSTRATIONS,  OR OTHER ACTIONS
PROTECTED BY THE FIRST AMENDMENT TO THE UNITED  STATES  CONSTITUTION  OR
SECTIONS EIGHT AND NINE OF ARTICLE ONE OF THE STATE CONSTITUTION.
  3.   THE  USE  FOR  LAW  ENFORCEMENT  PURPOSES  OF  ANY  DRONE  OWNED,
CONTROLLED, OR MAINTAINED BY A PRIVATE COMPANY, PRIVATE  INDIVIDUAL,  OR
OTHER  GOVERNMENT  AGENCY SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION. A SEARCH WARRANT, ISSUED UPON A FIND-
ING OF PROBABLE CAUSE, SHALL BE REQUIRED FOR LAW ENFORCEMENT  TO  OBTAIN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets