assembly Bill A417

2021-2022 Legislative Session

Imposes limitations on the use of drones within the state

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to governmental operations

Multi-Sponsors

A417 (ACTIVE) - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §52-d, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6370
2015-2016: A1247
2017-2018: A901
2019-2020: A280

A417 (ACTIVE) - Summary

Imposes limitations on the use of drones within the state.

A417 (ACTIVE) - Bill Text download pdf

 
                     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