Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2022
referred to governmental operations
|Jan 22, 2021
referred to governmental operations
Assembly Bill A3311
2021-2022 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
Jo Anne Simon
2021-A3311 (ACTIVE) - Details
2021-A3311 (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.
2021-A3311 (ACTIVE) - Bill Text download pdf
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.
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