The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD10012-06-0

A. 9931                             2

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.