Bill Text: NY S01841 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to protection against unwarranted surveillance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S01841 Detail]

Download: New_York-2015-S01841-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1841
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       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:
    1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
    2  section 700.16 to read as follows:
    3  S 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06207-01-5
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