S T A T E   O F   N E W   Y O R K
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                                  4537

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

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  limita-
  tions on the use of drones within the state

  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  "Empire
State citizens' protection from unwarranted surveillance act".
  S  2.  The civil rights law is amended by adding a new section 52-a to
read as follows:
  S 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 PROHIB-
ITED 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 INDIVID-
UAL 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.
                                                           LBD09740-02-3

S. 4537                             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  INDI-
VIDUAL  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 CONTINU-
ING  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.
  S  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.
  S 4. This act shall take effect immediately.