New York A 7208: Imposes limitations on the use of drones within the state

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A07208 Summary:

BILL NOA07208 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORChandler-Waterman

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §52-e, Civ Rts L

&nbsp

Imposes limitations on the use of drones within the state.

Go to top A07208 Actions:

BILL NOA07208 

&nbsp

03/21/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA07208 Committee&nbspVotes:

Go to topA07208 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07208 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7208

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 21, 2025
 ___________

 Introduced by M. of A. CHANDLER-WATERMAN -- 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 within the state

 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 "Empire
 2 State citizens' protection from unwarranted surveillance act".
 3 § 2. The civil rights law is amended by adding a new section 52-e to
 4 read as follows:
 5 § 52-e. Limitations on the use of drones. 1. No law enforcement agency
 6 or a state, county or municipal agency shall use a drone or other
 7 unmanned aircraft to gather, store or collect evidence of any type,
 8 including audio or video recordings, or both, or other information
 9 pertaining to criminal conduct or conduct in violation of a statute or
 10 regulation except to the extent specifically authorized in a valid
 11 search warrant; provided, however, that the use of a drone by a law
 12 enforcement agency or a state, county or municipal agency is not prohib-
 13 ited when exigent circumstances exist. For the purposes of this
 14 section, exigent circumstances exist if a law enforcement agency
 15 possesses reasonable suspicion that swift action is necessary to prevent
 16 imminent danger to life.
 17 2. No person, entity, or state agency shall use a drone or other
 18 unmanned aircraft to conduct surveillance of or to monitor any individ-
 19 ual inside such individual's home or place of worship or within the
 20 closed confines of their property or other locations where a person
 21 would have an expectation of privacy.
 22 3. This section does not prohibit the use of a drone:
 23 a. by a law enforcement agency:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07439-01-5

 A. 7208 2

 1 (1) if the law enforcement agency first obtains a valid search warrant
 2 that authorizes the use of a drone and the use of the drone is used only
 3 to obtain evidence on the person named in the warrant; and
 4 (2) that is actively engaged in the enforcement of article two hundred
 5 twenty of the penal law;
 6 (3) to patrol national borders to prevent or deter illegal entry of
 7 any persons or illegal substances; or
 8 (4) to counter a high risk of a terrorist attack by a specific indi-
 9 vidual or organization based on credible intelligence determined by the
 10 commissioner of homeland security and emergency services; or
 11 b. by a person for lawful purposes, including recreational or hobby
 12 purposes.
 13 4. a. A person who violates the provisions of this section is guilty
 14 of a class B misdemeanor; provided, however, that if the violation of
 15 the provisions of this section is committed in the course of or in
 16 conjunction with the commission of a felony, a person who violates the
 17 provisions of this section is guilty of a class C felony.
 18 b. Any evidence or information obtained or collected in violation of
 19 the provisions of this section, and all evidence derived from such
 20 evidence or information, shall be inadmissible in a criminal or civil
 21 proceeding in any court of law in the state or in an administrative
 22 hearing.
 23 c. An aggrieved party may initiate a civil action against a law
 24 enforcement agency to obtain all appropriate relief in order to prevent,
 25 restrain or remedy a violation of this section.
 26 5. As used in this section:
 27 a. "Drone" means a powered or an un-powered aerial vehicle or a
 28 balloon float or ot