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A03311 Summary:

BILL NOA03311
 
SAME ASSAME AS S00675
 
SPONSORKim
 
COSPNSRSimon, Taylor, Jackson, Mamdani
 
MLTSPNSR
 
Add §52-d, Civ Rts L
 
Establishes the "protect our privacy (POP) act" to impose limitations on the use of drones for law enforcement purposes; prohibits the use of drones by law enforcement at concerts, protests, demonstrations, or other actions protected by the first amendment and requires a search warrant prior to using a drone for law enforcement purposes.
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A03311 Actions:

BILL NOA03311
 
01/22/2021referred to governmental operations
01/05/2022referred to governmental operations
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A03311 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3311
 
SPONSOR: Kim
  TITLE OF BILL: An act to amend the civil rights law, in relation to imposing limita- tions on the use of drones for law enforcement purposes   PURPOSE OR GENERAL IDEA OF BILL: This legislation will impose limitations on the use of drones for law enforcement purposes.   SUMMARY OF PROVISIONS: Section 1: The civil rights law is amended by adding a new section 52-b. Section 2: This act shall take effect immediately.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: In recent years, drones or Unmanned Aircraft Systems (UAS) have entered civilian life. While drones are useful to regular people, corporations, and government agencies, they can also harm people's privacy if proper limits are not in place. Police surveillance of protests already produc- es a chilling effect amongst the public who want to voice their concerns over government abuse and social injustice. The use of drones in public spaces and without a warrant will only further intensify the intim- idation of the public and erode protected first amendment speech. Law enforcement's employment of drones, which can access information where privacy would reasonably be expected (filming through a window, thermal imaging, etc.), for any alleged criminal activity should require a warrant obtained from a judge. Any information or video obtained through this process should be made available to the public through a drone disclosure process. Our legislation mandates law enforcement and other government agencies to obtain a search warrant before deploying a drone. Also, it bans the indiscriminate use of drones at concerts, protests, demonstrations, or other actions protected by the first amendment. Additionally, our legislation prohibits drones from utilizing facial recognition technolo- gy, which has proven inaccurate and discriminatory in the targeting of black and brown communities.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately upon passage.
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A03311 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3311
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by  M. of A. KIM, SIMON, TAYLOR -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the civil rights law, in relation  to  imposing  limita-
          tions on the use of drones for law enforcement purposes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited  as  the  "protect
     2  our privacy (POP) act".
     3    §  2.  The civil rights law is amended by adding a new section 52-d to
     4  read as follows:
     5    § 52-d. Limitations on the use of drones; law enforcement purposes. 1.
     6  The use of drones to observe, monitor, document, record, investigate, or
     7  collect data by law enforcement at concerts,  protests,  demonstrations,
     8  or  other  actions protected by the first amendment to the United States
     9  Constitution or sections eight and nine of  article  one  of  the  state
    10  constitution is prohibited.
    11    2.  People  have  a  reasonable expectation of privacy and a constitu-
    12  tional right  to  be  free  from  warrantless  observation,  monitoring,
    13  documentation,  recording,  or  investigation  by  a  drone.    A search
    14  warrant, issued upon a finding of probable cause, shall be required  for
    15  any  use of drones for law enforcement purposes that is not specifically
    16  prohibited by subdivision one of this section.  A search warrant  cannot
    17  permit  the  use of drones for the purposeful or incidental observation,
    18  documentation, recording, investigation, or collection of  data  by  law
    19  enforcement  at  concerts,  protests,  demonstrations,  or other actions
    20  protected by the first amendment to the United  States  Constitution  or
    21  sections eight and nine of article one of the state constitution.
    22    3.   The  use  for  law  enforcement  purposes  of  any  drone  owned,
    23  controlled, or maintained by a private company, private  individual,  or
    24  other  government  agency shall be subject to the provisions of subdivi-
    25  sions one and two of this section. A search warrant, issued upon a find-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05074-01-1

        A. 3311                             2
 
     1  ing of probable cause, shall be required for law enforcement  to  obtain
     2  any  data  or information obtained by a drone that is owned, controlled,
     3  or maintained by a private company, private individual, or other govern-
     4  ment  agency.    A search warrant cannot authorize obtaining any data or
     5  information  relating  to  the  purposeful  or  incidental  observation,
     6  documentation,  recording,  investigation,  or  collection  of  data  at
     7  concerts, protests, demonstrations, or other actions  protected  by  the
     8  first  amendment to the United States Constitution or sections eight and
     9  nine of article one of the state constitution  except  in  the  investi-
    10  gation  or prosecution for violations of subdivisions one or two of this
    11  section.
    12    4. Law enforcement is  prohibited  from  using  drones  equipped  with
    13  facial  recognition  software  or  using  facial recognition on video or
    14  images obtained or created  by  a  drone,  including  videos  or  images
    15  obtained  or  created  by  drones  owned, controlled, or maintained by a
    16  private company, a private individual, or other government agency.  This
    17  section  shall  retroactively  apply  to  videos  or  images obtained or
    18  created by drones prior to the effective date of this section.
    19    5. Drones equipped with devices used for crowd control purposes or any
    20  lethal or non-lethal weapons are prohibited.
    21    6. Data or information obtained by drones and within  the  control  of
    22  any government agency or in the possession of a private company or indi-
    23  vidual  on  behalf  of any government agency shall be subject to release
    24  under the freedom of information law, provided that all personal identi-
    25  fying information, except for that of law enforcement  personnel  acting
    26  within  their  official responsibilities or performing an official func-
    27  tion, shall be redacted prior to such release.
    28    7. All data or information obtained by  the  use  of  drones  for  law
    29  enforcement  purposes  that are not part of an ongoing criminal investi-
    30  gation or proceeding shall be destroyed in one year or  less,  absent  a
    31  subpoena  or  court order. Data or information not destroyed in one year
    32  or less pursuant to a subpoena or court order and  that  is  within  the
    33  control  of  any  government  agency  or  in the possession of a private
    34  company or individual on  behalf  of  any  government  agency  shall  be
    35  destroyed  once  the  proceedings or investigations that the subpoena or
    36  court order related to have ended.
    37    8. As used in this section:
    38    a. "Drone" means an aerial vehicle or a balloon float or other  device
    39  that can fly autonomously or be piloted remotely.
    40    b.  "Law  enforcement"  means  a  lawfully  established state or local
    41  public agency that is responsible for the prevention  and  detection  of
    42  crime,  the enforcement of local government codes and the enforcement of
    43  penal, traffic,  regulatory,  game  or  controlled  substance  laws  and
    44  includes an agent of the law enforcement agency.
    45    c.  "Search  warrant"  means  a  search  warrant as defined in section
    46  690.05 of the criminal procedure law.
    47    § 3. This act shall take effect immediately.
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