The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    417
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. PERRY -- Multi-Sponsored by -- M. of A. COOK,
   ENGLEBRIGHT -- 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 within the state

   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  "Empire
 State citizens' protection from unwarranted surveillance 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. 1. NO LAW ENFORCEMENT AGENCY
 OR A STATE, COUNTY OR MUNICIPAL  AGENCY  SHALL  USE  A  DRONE  OR  OTHER
 UNMANNED  AIRCRAFT  TO  GATHER,  STORE  OR COLLECT EVIDENCE OF ANY TYPE,
 INCLUDING AUDIO OR VIDEO  RECORDINGS,  OR  BOTH,  OR  OTHER  INFORMATION
 PERTAINING  TO  CRIMINAL CONDUCT OR CONDUCT IN VIOLATION OF A STATUTE OR
 REGULATION EXCEPT TO THE  EXTENT  SPECIFICALLY  AUTHORIZED  IN  A  VALID
 SEARCH  WARRANT;  PROVIDED,  HOWEVER,  THAT  THE USE OF A DRONE BY A LAW
 ENFORCEMENT AGENCY OR A STATE, COUNTY OR MUNICIPAL AGENCY IS NOT PROHIB-
 ITED WHEN EXIGENT  CIRCUMSTANCES  EXIST.    FOR  THE  PURPOSES  OF  THIS
 SECTION,  EXIGENT  CIRCUMSTANCES  EXIST  IF  A  LAW  ENFORCEMENT  AGENCY
 POSSESSES REASONABLE SUSPICION THAT SWIFT ACTION IS NECESSARY TO PREVENT
 IMMINENT DANGER TO LIFE.
   2. NO PERSON, ENTITY, OR STATE AGENCY  SHALL  USE  A  DRONE  OR  OTHER
 UNMANNED  AIRCRAFT TO CONDUCT SURVEILLANCE OF OR TO MONITOR ANY INDIVID-
 UAL INSIDE HIS OR HER HOME OR PLACE OF  WORSHIP  OR  WITHIN  THE  CLOSED
 CONFINES  OF THEIR PROPERTY OR OTHER LOCATIONS WHERE A PERSON WOULD HAVE
 AN EXPECTATION OF PRIVACY.
   3. THIS SECTION DOES NOT PROHIBIT THE USE OF A DRONE:
   A. BY A LAW ENFORCEMENT AGENCY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04451-01-1

 A. 417                              2
 
   (1) IF THE LAW ENFORCEMENT AGENCY FIRST OBTAINS A VALID SEARCH WARRANT
 THAT AUTHORIZES THE USE OF A DRONE AND THE USE OF THE DRONE IS USED ONLY
 TO OBTAIN EVIDENCE ON THE PERSON NAMED IN THE WARRANT; AND
   (2) THAT IS ACTIVELY ENGAGED IN THE ENFORCEMENT OF ARTICLE TWO HUNDRED
 TWENTY OF THE PENAL LAW;
   (3)  TO  PATROL  NATIONAL BORDERS TO PREVENT OR DETER ILLEGAL ENTRY OF
 ANY PERSONS OR ILLEGAL SUBSTANCES; OR
   (4) TO COUNTER A HIGH RISK OF A TERRORIST ATTACK BY A  SPECIFIC  INDI-
 VIDUAL  OR ORGANIZATION BASED ON CREDIBLE INTELLIGENCE DETERMINED BY THE
 COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY SERVICES; OR
   B. BY A PERSON FOR LAWFUL PURPOSES, INCLUDING  RECREATIONAL  OR  HOBBY
 PURPOSES.
   4.  A.  A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION IS GUILTY
 OF A CLASS B MISDEMEANOR; PROVIDED, HOWEVER, THAT IF  THE  VIOLATION  OF
 THE  PROVISIONS  OF  THIS  SECTION  IS  COMMITTED IN THE COURSE OF OR IN
 CONJUNCTION WITH THE COMMISSION OF A FELONY, A PERSON WHO  VIOLATES  THE
 PROVISIONS OF THIS SECTION IS GUILTY OF A CLASS C FELONY.
   B.  ANY  EVIDENCE OR INFORMATION OBTAINED OR COLLECTED IN VIOLATION OF
 THE PROVISIONS OF THIS SECTION,  AND  ALL  EVIDENCE  DERIVED  FROM  SUCH
 EVIDENCE  OR  INFORMATION,  SHALL BE INADMISSIBLE IN A CRIMINAL OR CIVIL
 PROCEEDING IN ANY COURT OF LAW IN THE  STATE  OR  IN  AN  ADMINISTRATIVE
 HEARING.
   C.  AN  AGGRIEVED  PARTY  MAY  INITIATE  A  CIVIL ACTION AGAINST A LAW
 ENFORCEMENT AGENCY TO OBTAIN ALL APPROPRIATE RELIEF IN ORDER TO PREVENT,
 RESTRAIN OR REMEDY A VIOLATION OF THIS SECTION.
   5. AS USED IN THIS SECTION:
   A. "DRONE" MEANS A POWERED  OR  AN  UN-POWERED  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 OF 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. "EXIGENT CIRCUMSTANCES" MEANS CONDITIONS REQUIRING THE PRESERVATION
 OF SECRECY, AND WHEREBY THERE IS A REASONABLE LIKELIHOOD THAT A CONTINU-
 ING  INVESTIGATION  WOULD  BE  THWARTED  BY  ALERTING ANY OF THE PERSONS
 SUBJECT TO SURVEILLANCE TO THE FACT THAT SUCH SURVEILLANCE HAD OCCURRED.
   C.  "LAW ENFORCEMENT AGENCY" 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.
   D.  "SEARCH  WARRANT"  MEANS  A  SEARCH  WARRANT AS DEFINED IN SECTION
 690.05 OF THE CRIMINAL PROCEDURE LAW.
   E. "UNMANNED AIRCRAFT" MEANS AN AIRCRAFT THAT IS OPERATED WITHOUT  THE
 POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT.
   §  3. Severability. If any provision of this act or its application to
 any person or circumstance is held  invalid,  the  invalidity  does  not
 affect  other  provisions  or  applications of the act that can be given
 effect without the invalid provision or application, and to this end the
 provisions of this act are severable.
   § 4. This act shall take effect immediately.