What's happening
This bill prohibits government use of drones for surveillance without a warrant, making unlawfully obtained evidence inadmissible and allowing civil remedies.
Why it matters
Limits government surveillance powers. By requiring a warrant for drone-based surveillance, the bill sets a clear legal boundary, ensuring police and government agencies cannot use drones to monitor individuals or gather evidence without prior judicial approval, except in rare, legally justified situations.
Strengthens privacy protections. The definition of "unmanned aerial vehicle" is broad, covering both autonomous and remotely piloted drones. This addresses the expanding capabilities of modern technology and ensures privacy protections keep up with new surveillance tools.
Provides legal recourse for violations. If someone is unlawfully surveilled by a drone, this bill not only makes the evidence inadmissible in court but also gives affected individuals the right to seek civil and equitable remedies, creating a deterrent against misuse and a path for accountability.
Impacts law enforcement practices. Police and other government entities will need to obtain a warrant before using drones in investigations, potentially changing standard procedures and requiring more oversight and documentation when utilizing these technologies.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Limit Drone Surveillance
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2913
2017-2018 Regular Sessions
IN SENATE
January 18, 2017
Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to protecting against unwarranted surveillance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 700.16 to read as follows: § 700.16 Protection against unwarranted surveillance.
1. No person or entity acting under color of the authority of any state, county, municipal or local governmental entity or authority, or acting on behalf of any such entity or authority, shall use, operate, engage or employ an unmanned aerial vehicle as defined in this section to gather evidence or other information related to a criminal investigation, criminal case, or conduct in violation of regulation except when authorized under a warrant issued by a court of record or justified by lawful exception to the warrant requirement.
2. The term "unmanned aerial vehicle" means any powered, aerial vehicle that does not carry a human operator within or on the aircraft and is either autonomous or remotely piloted.
3. Any evidence or other information obtained in this manner in contravention of this section shall be deemed inadmissible in any criminal action against an injured person. Any person aggrieved by such an intrusion may seek civil and equitable relief for a violation of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01379-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to protecting against unwarranted surveillance
Purpose or general idea of the bill
This bill requires that aerial surveillance conducted by law enforcement agencies or on behalf of such agencies satisfy constitutional requirements.
Summary of provisions
This bill adds a new section, 700.16, to the criminal procedure law. The bill provides that no person or entity, working for or assisting a state, county, municipal or local government entity or authority, or acting on behalf of such entity shall use, operate, engage or employ an unmanned aerial vehicle to gather evidence related to an ongoing criminal matter without court authorization. This prohibition allows for this surveillance to occur, absent a warrant being issued, when circumstances allow for a lawful exception to the warrant requirement: hot pursuit, emergency, etcetera. Further, the bill defines the term "unmanned aerial vehicle." And, lastly requires that evidence or other information obtained in violation of this section shall be inadmissible in any criminal action against a pasty to illegal surveillance and that such aggrieved person may seek civil and equitable relief for such violation.
Justification
Our laws currently fail to explicitly protect our residents from an increasing threat posed to their liberty and privacy interests. Freedom and the common good cannot be served by an all seeing eye in the sky intruding into the private affairs of New Yorkers. New, overly intrusive technologies in the hands of law enforcement require that the Legislature set sensible limits on their use.
Legislative history
2015-2016 S.1841/A.2683: Referred to codes 2013-2014 S.6412/A.6244: Referred to codes
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.