|SAME AS||No Same As|
|COSPNSR||Cook, Sepulveda, Galef|
|Add Art 6-A SS66 - 66-d, Civ Rts L|
|Regulates the use of unmanned aerial vehicles by the state and political subdivisions thereof.|
|03/30/2015||referred to governmental operations|
|01/06/2016||referred to governmental operations|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6713 SPONSOR: Englebright (MS)
TITLE OF BILL: An act to amend the civil rights law, in relation to the use of unmanned aerial vehicles   PURPOSE OR GENERAL IDEA OF THE BILL: To establish a framework for regulating the use of unmanned aerial vehi- cles by state and local agents.   SUMMARY OF PROVISIONS: Section 1 lays out legislative findings. Section 2 creates a new article within Title T of the criminal procedure law that: -Defines "unmanned aerial vehicle." -Requires that a law enforcement agency get the approval of their governing body prior to obtaining a way. -Prohibits the use uav's by state or local agents unless it falls under any of these four exemptions: land owner consent, an emergency situ- ation, the acquisition of an eavesdropping or video surveillance warrant, or for academic or scientific research in areas such as, but not limited to, atmospheric studies, agricultural studies or land use studies. -Prohibits the use of drones equipped with lethal or non-lethal weapons. -Requires the deletion of excess, non-target, data collected by drones within 24 hours. -Prohibits the use-of uav collected data as evidence in trials when the data is collected in violation of this article. -Establishes reporting requirements for agencies that use uav's.   JUSTIFICATION: Unmanned aerial vehicle technology has begun expanding out of its tradi- tional military markets and into civilian markets. In order to accommo- date this expansion Congress has ordered the FAA to integrate unmanned aerial vehicles into the air traffic control system by 2015. Many agen- cies across the U.S. have already applied to the FAA for licenses to operate unmanned aerial vehicles. This represents a double edged sword, in so far as unmanned aerial vehicles can be both a great tool for law enforcement and scientific research, but also a great risk to civil liberties. This legislation intends to ensure that the future use of unmanned aerial vehicles complies with level of privacy that New Yorkers have come to expect in their lives.   LEGISLATIVE HISTORY: 2013-14 A6541 referred to Governmental Operations   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 6713 2015-2016 Regular Sessions IN ASSEMBLY March 30, 2015 ___________ Introduced by M. of A. ENGLEBRIGHT, COOK, SEPULVEDA, GALEF -- Multi- Sponsored by -- M. of A. LENTOL, PERRY -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to the use of unmanned aerial vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature hereby finds that: 2 (a) unmanned aerial vehicle technology has begun expanding out of its 3 traditional military markets and into civilian markets; 4 (b) Congress has ordered the Federal Aviation Administration to inte- 5 grate unmanned aerial vehicles into the air traffic control system by 6 2015; 7 (c) 81 agencies across the United States have applied to the Federal 8 Aviation Administration for licenses to operate unmanned aerial vehi- 9 cles; 10 (d) the use of unmanned aerial vehicles represents both a great tool 11 for law enforcement and a great risk to civil liberties; and 12 (e) legislation is required to ensure that the future use of unmanned 13 aerial vehicles complies with the level of privacy that New Yorkers have 14 come to expect in their lives. 15 § 2. The civil rights law is amended by adding a new article 6-A to 16 read as follows: 17 ARTICLE 6-A 18 USE OF UNMANNED AERIAL 19 VEHICLES 20 Section 66. Use of unmanned aerial vehicles; definition. 21 66-a. Lawful use of unmanned aerial vehicles. 22 66-b. Data retention. 23 66-c. Administrative discipline for misuse of unmanned aerial 24 vehicles. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10125-01-5A. 6713 2 1 66-d. Reporting. 2 § 66. Use of unmanned aerial vehicles; definition. As used in this 3 article, "unmanned aerial vehicle" means any aircraft that is operated 4 without the possibility of direct human intervention from within or on 5 the aircraft. 6 § 66-a. Lawful use of unmanned aerial vehicles. 1. Every use of 7 unmanned aerial vehicles shall fully comply with all Federal Aviation 8 Administration requirements and guidelines, and acquisition of unmanned 9 aerial vehicles by law enforcement agencies must be approved by the 10 governing body of the political subdivision overseeing the law enforce- 11 ment agency seeking to acquire the unmanned aerial vehicles. 12 2. Except as provided in subdivision three of this section, it is 13 unlawful for an agent of the state or any political subdivision thereof 14 to operate an unmanned aerial vehicle, or to disclose or receive infor- 15 mation acquired through the operation of an unmanned aerial vehicle. 16 3. The following shall be exceptions from the prohibition established 17 in subdivision two of this section: 18 (a) It shall not be unlawful pursuant to this section to disclose or 19 receive information about any person or their real property acquired 20 through the operation of an unmanned aerial vehicle if such person has 21 given written consent to such disclosure; 22 (b) It shall not be unlawful pursuant to this section for an agent of 23 the state or any political subdivision thereof to operate an unmanned 24 aerial vehicle and for information from such operation to be disclosed 25 or received if the unmanned aerial vehicle is used in circumstances in 26 which it is reasonable to believe that there is an imminent threat to 27 the life or safety of a person, and to thereby assist such person, 28 provided that not later than forty-eight hours after the agent of the 29 state or any political subdivision thereof begins operation of the 30 unmanned aerial vehicle, a supervisory official of the state or such 31 political subdivision shall file the sworn statement with a court having 32 jurisdiction over the area of the emergency setting forth the factual 33 basis and grounds for the emergency access; 34 (c) Pursuant to the following warrants: 35 (1) Eavesdropping warrant. An unmanned aerial vehicle may be operated 36 for the purpose of eavesdropping, and information from such operation 37 disclosed only pursuant to an eavesdropping warrant issued pursuant to 38 and regulated by article seven hundred of the criminal procedure law. 39 (2) Video surveillance warrant. An unmanned aerial vehicle may be 40 operated for the purpose of video surveillance, and information from 41 such operation disclosed only pursuant to a video surveillance warrant 42 issued pursuant to and regulated by article seven hundred of the crimi- 43 nal procedure law. 44 A judge may issue such warrants simultaneously or individually as he 45 or she sees fit. 46 (d) It shall not be unlawful pursuant to this section for an agent of 47 the state or any political subdivision thereof to operate an unmanned 48 aerial vehicle for research in areas such as, but not limited to, atmo- 49 spheric studies, agricultural studies and land use studies. Provided 50 that no part of any information and no evidence derived from such opera- 51 tion may be received as evidence in any trial, hearing or other proceed- 52 ing in or before any court, grand jury, department, officer, agency, 53 regulatory enforcement body, or other disciplinary authority of the 54 state or a political subdivision thereof, or for any intelligence 55 purpose.A. 6713 3 1 4. When unmanned aerial vehicles are used pursuant to paragraph (c) of 2 subdivision three of this section, they shall be operated in a manner to 3 collect data only on the target and to avoid data collection on individ- 4 uals, homes or areas other than the target. Neither facial recognition 5 nor other biometric matching technology shall be used on non-target data 6 collected by an unmanned aerial vehicle. 7 5. No unmanned aerial vehicle operated in the state shall be equipped 8 with any lethal or non-lethal weapon. 9 § 66-b. Data retention. 1. No data collected pursuant to paragraph 10 (a), (b) or (c) of subdivision three of section sixty-six-a of this 11 article on an individual home or area other than the target that justi- 12 fied deployment may be used, copied or disclosed for any purpose. Such 13 data shall be deleted as soon as possible, and in no event later than 14 twenty-four hours after collection. 15 2. Whenever an agent of the state or any political subdivision thereof 16 uses an unmanned aerial vehicle, no part of the information acquired and 17 no evidence derived therefrom shall be received in evidence in any 18 trial, hearing or other proceeding in or before any court, grand jury, 19 department, officer, agency, regulatory body, legislative committee, or 20 other authority of the state or a political subdivision thereof if the 21 disclosure of that information is in violation of this article. 22 § 66-c. Administrative discipline for misuse of unmanned aerial vehi- 23 cles. 1. If a court or appropriate department or agency determines that 24 an agent of the state or any political subdivision thereof has violated 25 any provision of this article, and the court or appropriate department 26 or agency finds that the circumstances surrounding the violation raise 27 serious questions about whether or not the agent of the state or poli- 28 tical subdivision thereof acted willfully or intentionally with respect 29 to the violation, the department or agency shall, upon receipt of a true 30 and correct copy of the decision and findings of the court or appropri- 31 ate department or agency promptly initiate a proceeding to determine 32 whether disciplinary action against the agent of the state or political 33 subdivision thereof is warranted. If the head of the department or agen- 34 cy involved determines that disciplinary action is not warranted, such 35 head shall notify the state inspector general with jurisdiction over the 36 department or agency concerned and shall provide the state inspector 37 general with the reasons for such determination. 38 2. Any willful disclosure or use by an agent of the state or any poli- 39 tical subdivision thereof of information beyond the extent permitted by 40 this article is a violation of this article for purposes of this 41 section. 42 § 66-d. Reporting. On or before June first each year, any agency of 43 the state or political subdivision thereof that uses unmanned aerial 44 vehicles shall report to the legislature and make public on its website: 45 1. the number of times an unmanned aerial vehicle was used, organized 46 by the types of incidents and the types of justification for deployment; 47 2. the number of crime investigations aided by the use of unmanned 48 aerial vehicles, and a description of how the unmanned aerial vehicle 49 was helpful to each such investigation; 50 3. the number of uses of unmanned aerial vehicles for reasons other 51 than criminal investigations, and a description of how the unmanned 52 aerial vehicle was helpful in each such instance; 53 4. the frequency and type of data collected on individuals or areas 54 other than targets; and 55 5. the total cost of their unmanned aerial vehicle program. 56 § 3. This act shall take effect immediately.