Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to codes |
Jan 18, 2017 |
referred to codes |
Senate Bill S2913
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) 32nd Senate District
2017-S2913 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §700.16, CP L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S6412
2015-2016: S1841
2017-S2913 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2913 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
2017-S2913 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2913 2017-2018 Regular Sessions I N S E N A T E 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 ASSEM- BLY, 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 INVESTI- GATION, 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 VEHI- CLE 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 CRIMI- NAL 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.