NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6244
SPONSOR: Sepulveda 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, oper-
ate, 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 party 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.
STATE OF NEW YORK
________________________________________________________________________
6244
2013-2014 Regular Sessions
IN ASSEMBLY
March 25, 2013
___________
Introduced by M. of A. SEPULVEDA -- read once and referred 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:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 700.16 to read as follows:
3 § 700.16 Protection against unwarranted surveillance.
4 1. No person or entity acting under color of the authority of any
5 state, county, municipal or local governmental entity or authority, or
6 acting on behalf of any such entity or authority, shall use, operate,
7 engage or employ an unmanned aerial vehicle as defined in this section
8 to gather evidence or other information related to a criminal investi-
9 gation, criminal case, or conduct in violation of regulation except when
10 authorized under a warrant issued by a court of record or justified by
11 lawful exception to the warrant requirement.
12 2. The term "unmanned aerial vehicle" means any powered, aerial vehi-
13 cle that does not carry a human operator within or on the aircraft and
14 is either autonomous or remotely piloted.
15 3. Any evidence or other information obtained in this manner in
16 contravention of this section shall be deemed inadmissible in any crimi-
17 nal action against an injured person. Any person aggrieved by such an
18 intrusion may seek civil and equitable relief for a violation of this
19 section.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09723-03-3
