NY State Senate Bill S6435B

Archive: Last Bill Status - In Senate Committee Codes 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 (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2020	print number 6435b
Jun 17, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
Oct 09, 2019	print number 6435a
Oct 09, 2019	amend and recommit to rules
Jun 11, 2019	referred to rules

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S6435 - Details

See Assembly Version of this Bill:: A9931
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S675, A3311
2023-2024: S4162, A5251

S6435 - 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.

S6435 - Sponsor Memo

 
BILL NUMBER: S6435

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the civil rights law, in relation to
imposing limitations on the use of drones for law enforcement purposes

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will impose limitations on the use of drones for law
enforcement purposes.

 
SUMMARY OF PROVISIONS:

Section 1: The civil rights law is amended by adding a new section 52-b.

Section 2: This act shall take effect immediately.

 
JUSTIFICATION:

Police surveillance of protests already produces a chilling effect

amongst the public who want to voice their concerns over government
abuse and social injustice. The use of drones will only further intensi-
fy the intimidation of the public and erode protected first amendment
speech.

Law enforcement use of drones, which can access information where priva-
cy would reasonably be expected (filming through a window, thermal imag-
ing, etc.), for any alleged criminal activity should require a warrant
obtained from a judge. Any information or video obtained through this
process should be made available to the public through a drone disclo-
sure process.

On August 27, 2004, a man and woman who shared an intimate moment on a
secluded, dark rooftop learned that they were secretly watched, an
intrusion made possible by increased police surveillance of protest
rallies and other events and by advanced technology intended to fight
terrorists.

That night, police officers tracked bicycle riders moving through the
streets of the Lower East Side from a custom-built, $9.8 million heli-
copter equipped with optical equipment able to display a license plate
1,000 feet away.

With the night vision of the helicopter's camera, and permission to make
videotapes, an officer also recorded nearly four minutes of a couple on
the terrace of a Second Avenue penthouse.

The couple had no idea at the time they were being filmed.

The tape, broadcast in 2005 by WCBS-TV news, was made on Aug, 27, 2004.
That night, several thousand-bicycle riders arrived for a group ride
that did not have a permit.

The helicopter followed the riders but turned the camera on the couple.
While high above Second Avenue, they seemed to be shielded from view by
a wall of shrubs and the nearly total darkness. The police camera,
however, included special thermal-imaging equipment that yielded
distinct, if ghostly, images.

Mr. Rosner, who owns the penthouse, said he remembered a police helicop-
ter hovering overhead, which he assumed was only monitoring the throng
of bicycle riders below.

While supportive about cameras in public spaces he felt violated that
law enforcement went to such lengths to film him while in the privacy of
his own home and was relieved to learn the tape did not include even
more personal moments.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6435 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6435
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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-b to read as follows:
   § 52-B. 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 PROTESTS, DEMONSTRATIONS, OR OTHER
 ACTIONS PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES  CONSTITU-
 TION 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  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10012-04-9

 S. 6435                             2
 
 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,
 DOCUMENTATION,  RECORDING,  INVESTIGATION,  OR  COLLECTION  OF  DATA  AT
 PROTESTS, DEMONSTRATION, OR OTHER ACTIONS PROTECTED BY THE FIRST  AMEND-
 MENT  TO  THE  UNITED  STATES CONSTITUTION OR SECTIONS EIGHT AND NINE OF
 ARTICLE ONE OF THE STATE CONSTITUTION EXCEPT  IN  THE  INVESTIGATION  OR
 PROSECUTION FOR VIOLATIONS OF SUBDIVISIONS ONE OR TWO OF THIS SECTION.
   4.  LAW  ENFORCEMENT  IS  PROHIBITED  FROM  USING DRONES EQUIPPED WITH
 FACIAL RECOGNITION SOFTWARE OR USING  FACIAL  RECOGNITION  ON  VIDEO  OR
 IMAGES  OBTAINED  OR  CREATED  BY  A  DRONE,  INCLUDING VIDEOS OR IMAGES
 OBTAINED OR CREATED BY DRONES OWNED,  CONTROLLED,  OR  MAINTAINED  BY  A
 PRIVATE  COMPANY, A PRIVATE INDIVIDUAL, OR OTHER GOVERNMENT AGENCY. THIS
 SECTION SHALL RETROACTIVELY  APPLY  TO  VIDEOS  OR  IMAGES  OBTAINED  OR
 CREATED BY DRONES PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   5. DRONES EQUIPPED WITH DEVICES USED FOR CROWD CONTROL PURPOSES OR ANY
 LETHAL OR NON-LETHAL WEAPONS ARE PROHIBITED.
   6.  DATA  OR  INFORMATION OBTAINED BY DRONES AND WITHIN THE CONTROL OF
 ANY GOVERNMENT AGENCY OR IN THE POSSESSION OF A PRIVATE COMPANY OR INDI-
 VIDUAL ON BEHALF OF ANY GOVERNMENT AGENCY SHALL BE  SUBJECT  TO  RELEASE
 UNDER THE FREEDOM OF INFORMATION LAW, PROVIDED THAT ALL PERSONAL IDENTI-
 FYING  INFORMATION,  EXCEPT FOR THAT OF LAW ENFORCEMENT PERSONNEL ACTING
 WITHIN THEIR OFFICIAL RESPONSIBILITIES OR PERFORMING AN  OFFICIAL  FUNC-
 TION, SHALL BE REDACTED PRIOR TO SUCH RELEASE.
   7.  ALL  DATA  OR  INFORMATION  OBTAINED  BY THE USE OF DRONES FOR LAW
 ENFORCEMENT PURPOSES THAT ARE NOT PART OF AN ONGOING  CRIMINAL  INVESTI-
 GATION  OR  PROCEEDING  SHALL BE DESTROYED IN ONE YEAR OR LESS, ABSENT A
 SUBPOENA OR COURT ORDER. DATA OR INFORMATION NOT DESTROYED IN  ONE  YEAR
 OR  LESS  PURSUANT  TO  A SUBPOENA OR COURT ORDER AND THAT IS WITHIN THE
 CONTROL OF ANY GOVERNMENT AGENCY OR  IN  THE  POSSESSION  OF  A  PRIVATE
 COMPANY  OR  INDIVIDUAL  ON  BEHALF  OF  ANY  GOVERNMENT AGENCY SHALL BE
 DESTROYED ONCE THE PROCEEDINGS OR INVESTIGATIONS THAT  THE  SUBPOENA  OR
 COURT ORDER RELATED TO HAVE ENDED.
   8. AS USED IN THIS SECTION:
   A.  "DRONE" MEANS AN AERIAL VEHICLE OR A BALLOON FLOAT OR OTHER DEVICE
 THAT:
   (1) DOES NOT CARRY A HUMAN OPERATOR;
   (2) USES AERODYNAMIC FORCES OR GASES TO PROVIDE LIFT;
   (3) CAN FLY AUTONOMOUSLY OR BE PILOTED REMOTELY;
   (4) CAN BE EXPENDABLE OR RECOVERABLE;
   (5) CAPTURES IMAGES OF OBJECTS OR PEOPLE ON THE GROUND AND IN THE AIR;
   (6) INTERCEPTS COMMUNICATIONS ON THE GROUND AND IN THE AIR; AND/OR
   (7) CAN CARRY A LETHAL OR NON-LETHAL PAYLOAD.
   B. "LAW ENFORCEMENT" MEANS  A  LAWFULLY  ESTABLISHED  STATE  OR  LOCAL
 PUBLIC  AGENCY  THAT  IS RESPONSIBLE FOR THE PREVENTION AND DETECTION OF
 CRIME, THE ENFORCEMENT OF LOCAL GOVERNMENT CODES AND THE ENFORCEMENT  OF
 PENAL,  TRAFFIC,  REGULATORY,  GAME  OR  CONTROLLED  SUBSTANCE  LAWS AND
 INCLUDES AN AGENT OF THE LAW ENFORCEMENT AGENCY.
   C. "SEARCH WARRANT" MEANS A  SEARCH  WARRANT  AS  DEFINED  IN  SECTION
 690.05 OF THE CRIMINAL PROCEDURE LAW.
   § 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S6435A - Details

See Assembly Version of this Bill:: A9931
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S675, A3311
2023-2024: S4162, A5251

S6435A - Summary

S6435A - Sponsor Memo

 
BILL NUMBER: S6435A

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the civil rights law, in relation to
imposing limitations on the use of drones for law enforcement purposes

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will impose limitations on the use of drones for law
enforcement purposes.

 
SUMMARY OF PROVISIONS:

Section 1: The civil rights law is amended by adding a new section 52-b.

Section 2: This act shall take effect immediately.

 
JUSTIFICATION:

Police surveillance of protests already produces a chilling effect

amongst the public who want to voice their concerns over government
abuse and social injustice. The use of drones will only further intensi-
fy the intimidation of the public and erode protected first amendment
speech.

Law enforcement use of drones, which can access information where priva-
cy would reasonably be expected (filming through a window, thermal imag-
ing , etc.), for any alleged criminal activity should require a warrant
obtained from a judge. Any information or video obtained through this
process should be made available to the public through a drone disclo-
sure process.

On August 27 2004 a man and woman who shared an intimate moment on a
secluded rooftop learned that they were secretly watched, an intrusion
made possible by increased police surveillance of protest rallies and
other events and by advanced technology intended to fight terrorists.

That night, police officers tracked bicycle moving through the streets
of the Lower East Side from a custom-built, $9.8 million helicopter
equipped with optical equipment able to display a license plate 1,000
feet away.

With the night vision of the helicopter's camera, and permission to make
videotapes, an officer also recorded nearly four minutes of a couple on
the terrace of a Second Avenue penthouse.

The couple had no idea at the time they were being filmed.

The tape broadcast in 2005 by WCBS-TV news, was made on Aug 27, 2004.
That night, several thousand-bicycle riders arrived for a group ride
that did not have a permit.

The helicopter followed the riders but turned the camera on the couple.
While high above Second Avenue they seemed to be shielded from view by a
wall of shrubs and the nearly total darkness. The police camera however,
included special thermal-imaging equipment that yielded distinct, if
ghostly, images.


Mr. Rosner, who owns the penthouse, said he remembered a police helicop-
ter hovering overhead, which he assumed was only monitoring the throng
of bicycle riders below.

While supportive about cameras in public spaces he felt violated that
law enforcement went to such lengths to film him while in the privacy of
his own home and was relieved to learn the tape did not include even
more personal moments.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6435A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6435--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 Introduced  by  Sens.  RAMOS, SALAZAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10012-05-9

 S. 6435--A                          2
 
 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,
 DOCUMENTATION,  RECORDING,  INVESTIGATION,  OR  COLLECTION  OF  DATA  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  EXCEPT  IN  THE  INVESTI-
 GATION  OR PROSECUTION FOR VIOLATIONS OF SUBDIVISIONS ONE OR TWO OF THIS
 SECTION.
   4. LAW ENFORCEMENT IS  PROHIBITED  FROM  USING  DRONES  EQUIPPED  WITH
 FACIAL  RECOGNITION  SOFTWARE  OR  USING  FACIAL RECOGNITION ON VIDEO OR
 IMAGES OBTAINED OR CREATED  BY  A  DRONE,  INCLUDING  VIDEOS  OR  IMAGES
 OBTAINED  OR  CREATED  BY  DRONES  OWNED, CONTROLLED, OR MAINTAINED BY A
 PRIVATE COMPANY, A PRIVATE INDIVIDUAL, OR OTHER GOVERNMENT AGENCY.  THIS
 SECTION  SHALL  RETROACTIVELY  APPLY  TO  VIDEOS  OR  IMAGES OBTAINED OR
 CREATED BY DRONES PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   5. DRONES EQUIPPED WITH DEVICES USED FOR CROWD CONTROL PURPOSES OR ANY
 LETHAL OR NON-LETHAL WEAPONS ARE PROHIBITED.
   6. DATA OR INFORMATION OBTAINED BY DRONES AND WITHIN  THE  CONTROL  OF
 ANY GOVERNMENT AGENCY OR IN THE POSSESSION OF A PRIVATE COMPANY OR INDI-
 VIDUAL  ON  BEHALF  OF ANY GOVERNMENT AGENCY SHALL BE SUBJECT TO RELEASE
 UNDER THE FREEDOM OF INFORMATION LAW, PROVIDED THAT ALL PERSONAL IDENTI-
 FYING INFORMATION, EXCEPT FOR THAT OF LAW ENFORCEMENT  PERSONNEL  ACTING
 WITHIN  THEIR  OFFICIAL RESPONSIBILITIES OR PERFORMING AN OFFICIAL FUNC-
 TION, SHALL BE REDACTED PRIOR TO SUCH RELEASE.
   7. ALL DATA OR INFORMATION OBTAINED BY  THE  USE  OF  DRONES  FOR  LAW
 ENFORCEMENT  PURPOSES  THAT ARE NOT PART OF AN ONGOING CRIMINAL INVESTI-
 GATION OR PROCEEDING SHALL BE DESTROYED IN ONE YEAR OR  LESS,  ABSENT  A
 SUBPOENA  OR  COURT ORDER. DATA OR INFORMATION NOT DESTROYED IN ONE YEAR
 OR LESS PURSUANT TO A SUBPOENA OR COURT ORDER AND  THAT  IS  WITHIN  THE
 CONTROL  OF  ANY  GOVERNMENT  AGENCY  OR  IN THE POSSESSION OF A PRIVATE
 COMPANY OR INDIVIDUAL ON  BEHALF  OF  ANY  GOVERNMENT  AGENCY  SHALL  BE
 DESTROYED  ONCE  THE  PROCEEDINGS OR INVESTIGATIONS THAT THE SUBPOENA OR
 COURT ORDER RELATED TO HAVE ENDED.
   8. AS USED IN THIS SECTION:
   A. "DRONE" MEANS AN AERIAL VEHICLE OR A BALLOON FLOAT OR OTHER  DEVICE
 THAT:
   (1) DOES NOT CARRY A HUMAN OPERATOR;
   (2) USES AERODYNAMIC FORCES OR GASES TO PROVIDE LIFT;
   (3) CAN FLY AUTONOMOUSLY OR BE PILOTED REMOTELY;
   (4) CAN BE EXPENDABLE OR RECOVERABLE;
   (5) CAPTURES IMAGES OF OBJECTS OR PEOPLE ON THE GROUND AND IN THE AIR;
   (6) INTERCEPTS COMMUNICATIONS ON THE GROUND AND IN THE AIR; AND/OR
   (7) CAN CARRY A LETHAL OR NON-LETHAL PAYLOAD.
   B.  "LAW  ENFORCEMENT"  MEANS  A  LAWFULLY  ESTABLISHED STATE OR LOCAL
 PUBLIC AGENCY THAT IS RESPONSIBLE FOR THE PREVENTION  AND  DETECTION  OF
 CRIME,  THE ENFORCEMENT OF LOCAL GOVERNMENT CODES AND THE ENFORCEMENT OF
 PENAL, TRAFFIC,  REGULATORY,  GAME  OR  CONTROLLED  SUBSTANCE  LAWS  AND
 INCLUDES AN AGENT OF THE LAW ENFORCEMENT AGENCY.
   C.  "SEARCH  WARRANT"  MEANS  A  SEARCH  WARRANT AS DEFINED IN SECTION
 690.05 OF THE CRIMINAL PROCEDURE LAW.
   § 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S6435B (ACTIVE) - Details

See Assembly Version of this Bill:: A9931
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S675, A3311
2023-2024: S4162, A5251

S6435B (ACTIVE) - Summary

S6435B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6435B             Revised 12/8/2020

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will impose limitations on the use of drones for law
enforcement purposes.

 
SUMMARY OF PROVISIONS:

Section 1: The civil rights law is amended by adding a new section 52-c.
Section 2: This act shall take effect immediately.

 
JUSTIFICATION:

In recent years, drones or Unmanned Aircraft Systems (UAS) have entered
civilian life. While drones are useful to regular people, corporations,
and government agencies, they can also harm people's privacy if proper
limits are not in place. Police surveillance of protests already produc-
es a chilling effect amongst members of the public who want to voice
their concerns over government abuse and social injustice. The continued
use of drones in public spaces without a warrant will only further
intensify the intimidation of the public and erode protected first
amendment speech.

Law enforcement can use drones to access information where privacy would
reasonably be expected (filming through a window, thermal imaging, etc.)
for any alleged criminal activity and should require a warrant obtained
from a judge. Any information or video obtained through this process
should be made available to the public through a drone disclosure proc-
ess.

This legislation mandates law enforcement and other government agencies
to obtain a search warrant before deploying a drone. Also, it bans the
indiscriminate use of drones at concerts, protests, demonstrations, and
other actions protected by the first amendment.  Additionally, this
legislation prohibits drones from utilizing facial recognition technolo-
gy, which has proven inaccurate and discriminatory in the targeting of
black and brown communities.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6435B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6435--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 Introduced  by  Sens.  RAMOS,  COMRIE, GOUNARDES, HOYLMAN, JACKSON, LIU,
   MONTGOMERY, MYRIE, RIVERA, SALAZAR -- read twice and ordered  printed,
   and  when printed to be committed to the Committee on Rules -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to  said committee -- recommitted to the Committee on Codes in
   accordance with Senate Rule 6, sec. 8 --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10012-07-0

 S. 6435--B                          2
 
 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,
 DOCUMENTATION,  RECORDING,  INVESTIGATION,  OR  COLLECTION  OF  DATA  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 EXCEPT IN THE INVESTI-
 GATION OR PROSECUTION FOR VIOLATIONS OF SUBDIVISIONS ONE OR TWO OF  THIS
 SECTION.
   4.  LAW  ENFORCEMENT  IS  PROHIBITED  FROM  USING DRONES EQUIPPED WITH
 FACIAL RECOGNITION SOFTWARE OR USING  FACIAL  RECOGNITION  ON  VIDEO  OR
 IMAGES  OBTAINED  OR  CREATED  BY  A  DRONE,  INCLUDING VIDEOS OR IMAGES
 OBTAINED OR CREATED BY DRONES OWNED,  CONTROLLED,  OR  MAINTAINED  BY  A
 PRIVATE  COMPANY, A PRIVATE INDIVIDUAL, OR OTHER GOVERNMENT AGENCY. THIS
 SECTION SHALL RETROACTIVELY  APPLY  TO  VIDEOS  OR  IMAGES  OBTAINED  OR
 CREATED BY DRONES PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   5. DRONES EQUIPPED WITH DEVICES USED FOR CROWD CONTROL PURPOSES OR ANY
 LETHAL OR NON-LETHAL WEAPONS ARE PROHIBITED.
   6.  DATA  OR  INFORMATION OBTAINED BY DRONES AND WITHIN THE CONTROL OF
 ANY GOVERNMENT AGENCY OR IN THE POSSESSION OF A PRIVATE COMPANY OR INDI-
 VIDUAL ON BEHALF OF ANY GOVERNMENT AGENCY SHALL BE  SUBJECT  TO  RELEASE
 UNDER THE FREEDOM OF INFORMATION LAW, PROVIDED THAT ALL PERSONAL IDENTI-
 FYING  INFORMATION,  EXCEPT FOR THAT OF LAW ENFORCEMENT PERSONNEL ACTING
 WITHIN THEIR OFFICIAL RESPONSIBILITIES OR PERFORMING AN  OFFICIAL  FUNC-
 TION, SHALL BE REDACTED PRIOR TO SUCH RELEASE.
   7.  ALL  DATA  OR  INFORMATION  OBTAINED  BY THE USE OF DRONES FOR LAW
 ENFORCEMENT PURPOSES THAT ARE NOT PART OF AN ONGOING  CRIMINAL  INVESTI-
 GATION  OR  PROCEEDING  SHALL BE DESTROYED IN ONE YEAR OR LESS, ABSENT A
 SUBPOENA OR COURT ORDER. DATA OR INFORMATION NOT DESTROYED IN  ONE  YEAR
 OR  LESS  PURSUANT  TO  A SUBPOENA OR COURT ORDER AND THAT IS WITHIN THE
 CONTROL OF ANY GOVERNMENT AGENCY OR  IN  THE  POSSESSION  OF  A  PRIVATE
 COMPANY  OR  INDIVIDUAL  ON  BEHALF  OF  ANY  GOVERNMENT AGENCY SHALL BE
 DESTROYED ONCE THE PROCEEDINGS OR INVESTIGATIONS THAT  THE  SUBPOENA  OR
 COURT ORDER RELATED TO HAVE ENDED.
   8. AS USED IN THIS SECTION:
   A.  "DRONE" MEANS AN AERIAL VEHICLE OR A BALLOON FLOAT OR OTHER DEVICE
 THAT CAN FLY AUTONOMOUSLY OR BE PILOTED REMOTELY.
   B. "LAW ENFORCEMENT" MEANS  A  LAWFULLY  ESTABLISHED  STATE  OR  LOCAL
 PUBLIC  AGENCY  THAT  IS RESPONSIBLE FOR THE PREVENTION AND DETECTION OF
 CRIME, THE ENFORCEMENT OF LOCAL GOVERNMENT CODES AND THE ENFORCEMENT  OF
 PENAL,  TRAFFIC,  REGULATORY,  GAME  OR  CONTROLLED  SUBSTANCE  LAWS AND
 INCLUDES AN AGENT OF THE LAW ENFORCEMENT AGENCY.
   C. "SEARCH WARRANT" MEANS A  SEARCH  WARRANT  AS  DEFINED  IN  SECTION
 690.05 OF THE CRIMINAL PROCEDURE LAW.
   § 3. This act shall take effect immediately.

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senate Bill S6435B

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senate Bill S6435B

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