Bill > A3555

Introduced Session

This bill prohibits the use of unmanned aerial vehicles, commonly referred to as drones, by law enforcement entities in this State. In February 2012, the President of the United States signed the FAA Modernization and Reform Act of 2012. This act mandates that the Federal Aviation Administration administer a program that integrates the use of drones into the national airspace system. Under the provisions of the bill, a law enforcement agency or officer is prohibited from utilizing a drone unless the United States Secretary of the Department of Homeland Security determines that credible intelligence indicates that the use of a drone is necessary to counter a high risk of a terrorist attack by a specific individual or organization. In addition, the bill prohibits any State officer or any officer or agency of local government responsible from utilizing a drone to enforce the land-use and building regulations established under the "State Uniform Construction Code Act" or the "Municipal Land Use Law." The bill waives the prohibition on using drones for the forest fire service established under the Department of Environmental Protection when the service or any members of the service utilize a drone to survey or monitor the extent of a forest fire. Under the bill, a law enforcement entity or forest fire service that utilizes a drone is prohibited from operating the drone at an altitude of greater than 350 feet. Any person whose image was taken, who was the subject of surveillance, or any other law enforcement activity in violation of the bill's provisions may bring a civil action against the law enforcement agency or officer in the Superior Court. The court may award actual damages, punitive damages, reasonable attorney's fees and other litigation costs reasonably incurred, and any other preliminary and equitable relief as the court determines to be appropriate. The bill provides that any evidence illegally derived from the use of a drone is not to be used as evidence in a criminal prosecution.

AI Summary

Committee Categories

Erik Peterson (R)*, 

Introduced, Referred to Assembly Homeland Security and State Preparedness Committee (on 03/10/2022)

Official Document