Bill Text: NY A02683 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to protection against unwarranted surveillance.

Spectrum: Moderate Partisan Bill (Democrat 20-5)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02683 Detail]

Download: New_York-2015-A02683-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2683
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by M. of A. SEPULVEDA, CRESPO, KIM, HEASTIE, ARROYO, CAMARA,
         RIVERA, MOSLEY, WRIGHT, RAMOS, LIFTON, DINOWITZ, ENGLEBRIGHT,  LENTOL,
         LOPEZ,  McLAUGHLIN, BENEDETTO, BORELLI, ABINANTI, GALEF -- Multi-Spon-
         sored by -- M. of A.  BRAUNSTEIN, FAHY, LUPINACCI, McDONOUGH, MONTESA-
         NO, MOYA, PERRY, RODRIGUEZ -- 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  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