Assembly Bill A3311

2021-2022 Legislative Session

Establishes the "protect our privacy (POP) act" to impose limitations on the use of drones for law enforcement purposes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A3311 (ACTIVE) - Details

See Senate Version of this Bill:
S675
Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Add §52-d, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9931, S6435
2023-2024: A5251, S4162

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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