Bill S6412-2013

Relates to protection against unwarranted surveillance

Relates to protection against unwarranted surveillance.

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  • Jan 22, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S6412

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, et cetera. 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:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6412 IN SENATE January 22, 2014 ___________
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: S 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. S 2. This act shall take effect immediately.

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