The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3311
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. KIM, SIMON, TAYLOR -- 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. 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-d to
 read as follows:
   § 52-D. 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.

                                                            LBD05074-01-1

 A. 3311                             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 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.