What's happening
This bill restricts law enforcement and others from using drones for surveillance without a warrant, with some exceptions for emergencies and certain lawful uses.
Why it matters
Significantly limits government drone surveillance. By requiring a warrant for most law enforcement drone use, the bill aims to protect individuals from unchecked or mass aerial surveillance, reinforcing Fourth Amendment privacy rights in the digital age.
Protects privacy in sensitive locations. The bill explicitly bans drone surveillance of people in their homes, places of worship, or other private areas—closing loopholes that could allow intrusive monitoring where privacy expectations are highest.
Provides robust remedies and penalties. Anyone harmed by unlawful drone surveillance can sue for relief, and evidence obtained in violation of the law is inadmissible in court, giving the law real teeth and deterring misuse by both government and private actors.
Allows for emergency and specialized uses. Exceptions for exigent circumstances (like preventing imminent danger), border security, anti-terrorism, and recreational use ensure the law balances privacy with legitimate public safety and personal freedoms.
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Who cares
Headline styles
Limit Drone Surveillance
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Drone Surveillance Use
In Assembly Committee · Governmental Operations · Sponsor N. Nick Perry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1174
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to imposing limitations on the use of drones within the state
The People of the State of New York, represented in Senate and Assembly, 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-a to read as follows:
§ 52-a. 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 prohibited 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 individual 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.
LBD05957-01-7
S. 1174 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 individual 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 continuing 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to imposing limitations on the use of drones within the state
Purpose
This legislation seeks to protect New York State residents from unwarranted and unauthorized use of drones or other unmanned aircrafts to conduct surveillance upon them inside their homes or place of worship or within the closed confines of their property or other locations where a person would have an expectation of privacy.
Summary of provisions
The bill amends the civil rights law, section 52, Right of Privacy, by adding a new section 52-an entitled "Limitations on the use of drones." The bill provides for limitations on the use of a drone by a person, entity, law enforcement agency, and state, county or municipal agency 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 by a valid search warrant.
Read the full memo (672 words)
In the event that exigent circumstances exist, the bill provides the use of drones by a law enforcement agency if it possesses reasonable suspicion that swift action is necessary to prevent imminent danger to life.
The use of a drone by a law enforcement agency is not prohibited in the event that a law enforcement agency:(1) obtains a valid search warrant that authorizes the use of a drone that is used only to obtain evidence on the person named in the warrant; and (2) is actively engaged in the enforcement of article two hundred twenty of the penal law.
Any evidence or information obtained or collected in violation of section 52-a of this bill, 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.
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 section 52-a of this bill.
The bill provides that violation of section 52-a of this bill is a class A misdemeanor, and a class C felony if the violation is committed in the course of or in conjunction with a felony.
Justification
The FAA Reauthorization Act of 2012 ordered the Federal Aviation Administration to develop regulations for the testing and licensing of commercial drones by 2015. The new federal law has raised concerns among private advocates that the commercial expansion would lead to widespread use of drones for electronic surveillance by law enforcement agencies and private companies across the country.
At a cost of approximately $300, one can easily purchase a drone which contains a high definition camera that takes photographs, records video and conversations for hours, and can be controlled by a cellular device. In order to preserve the privacy rights of citizens against unwarranted intrusion, we must act to ensure that drones are not misused. The federal government is taking further measures in 2013 by introducing new legislation to ensure and protect individual privacy against unwarranted governmental intrusion through the use of drones, i.e., "Preserving Freedom from Unwarranted Surveillance Act of 2013".
Law enforcement agencies in New York State recently announced that they would consider evaluating the use of drones as a surveillance tool. For police departments, drones are more affordable than helicopters. The potential increased use of drones by law enforcement, state, county, and municipal agencies has prompted local and state lawmakers to outline how drones can be used by these entities. According to the National Conference of State Legislatures, at least 18 states have introduced bills to limit or regulate the use of drones. Subsequently, this bill seeks to impose limitations on the use of drones in order to protect the privacy rights of New York State residents.
Legislative history
S.411 of 2015/16.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.