assembly Bill A5251

2023-2024 Legislative Session

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

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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
Mar 07, 2023 referred to governmental operations

Co-Sponsors

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A5251 (ACTIVE) - Details

See Senate Version of this Bill:
S4162
Law Section:
Civil Rights Law
Laws Affected:
Add §52-e, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9931, S6435
2021-2022: A3311, S675

A5251 (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.

A5251 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5251
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. KIM, SIMON, TAYLOR, JACKSON, MAMDANI -- 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-e  to
 read as follows:
   § 52-E. LIMITATIONS ON THE USE OF DRONES; LAW ENFORCEMENT PURPOSES. 1.
 THE  USE  OF DRONES BY A LAW ENFORCEMENT AGENCY, OR EMPLOYEE THEREOF, OR
 FOR LAW ENFORCEMENT PURPOSES, IS  PROHIBITED,  AND  NO  WARRANT  MAY  BE
 SOUGHT  OR  ISSUED AUTHORIZING SUCH USE OF DRONES. IT IS ALSO PROHIBITED
 FOR LAW ENFORCEMENT TO ENTER INTO AN AGREEMENT WITH A PRIVATE ENTITY  OR
 INDIVIDUAL,  WHETHER  PAID  OR  OTHERWISE,  TO  OBTAIN  INFORMATION FROM
 DRONES.
   2. NOTWITHSTANDING SUBDIVISION ONE OF THIS  SECTION,  LAW  ENFORCEMENT
 AGENCIES MAY USE DRONES FOR THE FOLLOWING PURPOSES:
   A. SEARCH AND RESCUE.
   B. EXAMINING CONDITIONS OF DANGEROUS AREAS AFTER NATURAL DISASTERS.
   3.  NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, A LAW ENFORCEMENT
 AGENCY OR EMPLOYEE THEREOF  MAY  NOT  USE  A  DRONE  FOR  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  NEW  YORK  STATE  CONSTITUTION, NOR MAY A LAW ENFORCEMENT AGENCY OR
 EMPLOYEE THEREOF POSSESS OR USE AN ARMED DRONE.
   4. ANY DATA OBTAINED FROM DRONES PURSUANT TO SUBDIVISION TWO  OF  THIS
 SECTION  MAY  NOT BE USED FOR ANY LAW ENFORCEMENT PURPOSES. FURTHERMORE,
 ANY PERSONALLY IDENTIFYING INFORMATION COLLECTED FROM  SUCH  DRONES  MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04385-02-3