senate Bill S6435

2019-2020 Legislative Session

Imposes limitations on the use of drones for law enforcement purposes

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2019 referred to rules

Co-Sponsors

S6435 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Civil Rights Law
Laws Affected:
Add §52-b, Civ Rts L

S6435 (ACTIVE) - Summary

Imposes limitations on the use of drones for law enforcement purposes; prohibits the use of drones by law enforcement at 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 (ACTIVE) - Sponsor Memo

S6435 (ACTIVE) - 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.