Legislation
SECTION 236
Drones
Executive (EXC) CHAPTER 18, ARTICLE 11
§ 236. Drones. 1. The terms used in this section shall have the same
meaning as given in section 280.00 of the penal law.
2. A police officer as defined by subdivision thirty-four of section
1.20 of the criminal procedure law, or a peace officer as defined by
section 2.10 of the criminal procedure law, acting within such peace
officer's geographical jurisdiction, may take reasonable and necessary
mitigation measures against a credible threat that a drone poses to the
safety or security of people and/or prohibited spaces. Such measures may
include but not be limited to any of the following:
(a) The use of detection, tracking, and identification methods of a
drone and/or drone operating system.
(b) The interception or disabling of a drone and/or drone operating
system through legal and safe methods, including but not limited to both
kinetic and non-kinetic mitigation measures.
(c) A law enforcement officer or agency may only use kinetic measures
when non-kinetic measures have or would reasonably be expected to fail,
provided that such kinetic measures are deployed using federally
approved technologies.
3. The superintendent shall, within six months of the effective date
of this section, promulgate rules and regulations for drone mitigation
by police officers and peace officers. Such rules and regulations shall
prioritize the use of the least destructive measures necessary to
mitigate the threat posed by the drone.
4. (a) A qualifying police officer or peace officer shall act pursuant
to subdivision two of this section only if: (i) the officer has
completed the training required by the superintendent or the
superintendent's designee, in addition to any other training and
certification required by federal law; (ii) the officer has reasonable
suspicion that the drone is operating in a nefarious manner or within a
prohibited space before using non-kinetic measures; and (iii) the
officer has probable cause a drone is operating in a nefarious manner or
within prohibited space before using kinetic measures. Any drone
mitigation measure employed must occur in accordance with the
regulations prescribed pursuant to subdivision three of this section and
in accordance with applicable federal law.
(b) Within forty-eight hours of utilizing any mitigation measures
authorized by this section, the agency employing the officer who
utilized such measures shall report such utilization to the
superintendent or the superintendent's designee, in the form and manner
prescribed by the superintendent, in addition to any reporting required
by federal law.
5. The superintendent may designate one or more areas of the state as
a space to test kinetic and non-kinetic mitigation measures.
6. The superintendent shall establish a registry known as "the New
York state blue list". Such registry shall include vetted and approved
vendors that comply with applicable federal requirements. Upon
publication of the registry, the state, its agencies, and any political
subdivisions of the state may only buy or lease drones and drone
mitigation technology from vendors listed on such registry.
meaning as given in section 280.00 of the penal law.
2. A police officer as defined by subdivision thirty-four of section
1.20 of the criminal procedure law, or a peace officer as defined by
section 2.10 of the criminal procedure law, acting within such peace
officer's geographical jurisdiction, may take reasonable and necessary
mitigation measures against a credible threat that a drone poses to the
safety or security of people and/or prohibited spaces. Such measures may
include but not be limited to any of the following:
(a) The use of detection, tracking, and identification methods of a
drone and/or drone operating system.
(b) The interception or disabling of a drone and/or drone operating
system through legal and safe methods, including but not limited to both
kinetic and non-kinetic mitigation measures.
(c) A law enforcement officer or agency may only use kinetic measures
when non-kinetic measures have or would reasonably be expected to fail,
provided that such kinetic measures are deployed using federally
approved technologies.
3. The superintendent shall, within six months of the effective date
of this section, promulgate rules and regulations for drone mitigation
by police officers and peace officers. Such rules and regulations shall
prioritize the use of the least destructive measures necessary to
mitigate the threat posed by the drone.
4. (a) A qualifying police officer or peace officer shall act pursuant
to subdivision two of this section only if: (i) the officer has
completed the training required by the superintendent or the
superintendent's designee, in addition to any other training and
certification required by federal law; (ii) the officer has reasonable
suspicion that the drone is operating in a nefarious manner or within a
prohibited space before using non-kinetic measures; and (iii) the
officer has probable cause a drone is operating in a nefarious manner or
within prohibited space before using kinetic measures. Any drone
mitigation measure employed must occur in accordance with the
regulations prescribed pursuant to subdivision three of this section and
in accordance with applicable federal law.
(b) Within forty-eight hours of utilizing any mitigation measures
authorized by this section, the agency employing the officer who
utilized such measures shall report such utilization to the
superintendent or the superintendent's designee, in the form and manner
prescribed by the superintendent, in addition to any reporting required
by federal law.
5. The superintendent may designate one or more areas of the state as
a space to test kinetic and non-kinetic mitigation measures.
6. The superintendent shall establish a registry known as "the New
York state blue list". Such registry shall include vetted and approved
vendors that comply with applicable federal requirements. Upon
publication of the registry, the state, its agencies, and any political
subdivisions of the state may only buy or lease drones and drone
mitigation technology from vendors listed on such registry.