HF 1194

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 05:38pm

A bill for an act
relating to public safety; requiring the government to secure a search warrant for
the use of unmanned aerial vehicles except in specific circumstances; requiring
law enforcement to secure a search warrant in order to receive electronic device
location information; amending Minnesota Statutes 2014, section 626A.28,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters
626; 626A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [626.19] USE OF UNMANNED AERIAL VEHICLES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Adverse result" means:
new text end

new text begin (1) endangering the life or physical safety of an individual;
new text end

new text begin (2) flight from prosecution;
new text end

new text begin (3) destruction of or tampering with evidence;
new text end

new text begin (4) intimidation of potential witnesses; or
new text end

new text begin (5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
new text end

new text begin (c) "Governmental entity" means any entity of the state executive, legislative,
or judicial branches; the University of Minnesota; the Minnesota State Colleges and
Universities; and local entities including, but not limited to, a county; home rule, charter, or
statutory city; town; school district; metropolitan or regional agency; public corporation;
political subdivision; or special district as defined in section 6.465, subdivision 3.
new text end

new text begin (d) "Unmanned aerial vehicle" or "UAV" means a powered, aerial vehicle that:
new text end

new text begin (1) does not carry a human operator;
new text end

new text begin (2) can fly autonomously or be piloted remotely; and
new text end

new text begin (3) can be expendable or recoverable.
new text end

new text begin Subd. 2. new text end

new text begin Use of unmanned aerial vehicles limited. new text end

new text begin Except as provided in
subdivision 3, a governmental entity may not operate an unmanned aerial vehicle without
a search warrant.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) A governmental entity may operate an unmanned aerial
vehicle and disclose information collected from that operation in an emergency situation
that involves an imminent threat to the life or safety of a person. A governmental entity
that deploys a UAV pursuant to this paragraph must document the factual basis for the
emergency on a form created for that purpose by the Bureau of Criminal Apprehension and
submit a sworn statement with the district court setting forth the grounds for the emergency
use not later than 48 hours after operation of an unmanned aerial vehicle commenced.
new text end

new text begin (b) A governmental entity may operate an unmanned aerial vehicle to counter a
high risk of a terrorist attack by a specific individual or organization if the secretary of
the United States Department of Homeland Security determines that credible intelligence
indicates that there is this risk.
new text end

new text begin (c) A governmental entity may operate an unmanned aerial vehicle to collect
information from a public area if a court, upon motion, determines that there are specific
and articulable facts demonstrating reasonable suspicion of criminal activity, that the
operation of the public unmanned aircraft system will uncover such activity, and that
alternative methods of data collection are either cost-prohibitive or present a significant
risk to any person's bodily safety. A court order under this paragraph shall not be issued
for a period greater than 48 hours. Extensions of an order may be granted but shall be no
longer than the authorizing judge deems necessary to achieve the purposes for which it
was granted and in no event for longer than 30 days.
new text end

new text begin (d) A governmental entity may operate an unmanned aerial vehicle to prevent the
loss of life and property in natural or man-made disaster situations and to facilitate the
operational planning, rescue, and recovery operations in the aftermath of those disasters.
new text end

new text begin (e) A governmental entity may operate an unmanned aerial vehicle for non-law
enforcement purposes. Information and images gathered when a governmental entity acts
under this paragraph may not be used for intelligence purposes or admitted as evidence in
a legal, regulatory, or administrative matter unless consensual disclosure is authorized
under subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Limitations on use. new text end

new text begin (a) A governmental entity operating a UAV must fully
comply with all Federal Aviation Administration requirements and guidelines.
new text end

new text begin (b) Acquisition of unmanned aerial vehicles must be approved by the governmental
entity's legislative body.
new text end

new text begin (c) A UAV shall be operated in a manner to collect data only on a clearly and
narrowly defined target and to avoid data collection on individuals, homes, or areas other
than the defined target.
new text end

new text begin (d) A governmental entity may not deploy facial recognition or other biometric
matching technology via a UAV unless expressly authorized to do so through a court order.
new text end

new text begin (e) Unmanned aerial vehicles may not be equipped with weapons.
new text end

new text begin Subd. 5. new text end

new text begin Consensual disclosure of information. new text end

new text begin Notwithstanding subdivision 6,
paragraph (b), a governmental entity may disclose or receive information about any person
acquired through the operation of an unmanned aerial vehicle if such person has given
written consent to the disclosure.
new text end

new text begin Subd. 6. new text end

new text begin Data retention and classification. new text end

new text begin (a) No data collected on an individual,
home, or area other than the subject identified in the warrant or order may be used,
copied, or disclosed for any purpose except as provided in subdivision 5. Notwithstanding
sections 138.163 and 138.17, the data must be deleted as soon as possible, and in no
event later than 24 hours after collection.
new text end

new text begin (b) Data collected pursuant to this section shall be classified as criminal investigative
data under section 13.82, subdivision 7.
new text end

new text begin Subd. 7. new text end

new text begin Evidence. new text end

new text begin Information obtained or collected by a governmental entity in
violation of this section is not admissible as evidence in a criminal prosecution in any
court of law in this state.
new text end

new text begin Subd. 8. new text end

new text begin Notice. new text end

new text begin (a) Notice must be given to the subject of a search warrant or
order issued under this section.
new text end

new text begin (b) Unless delayed notice is ordered under paragraph (c), the governmental entity
shall provide notice to the subject within three days of completing surveillance with a
UAV. The notice must be made by service or delivered by registered or first class mail,
e-mail, or any other means reasonably calculated to be effective as specified by the court
issuing the warrant. The notice must contain the following information:
new text end

new text begin (1) the nature of the law enforcement inquiry, with reasonable specificity;
new text end

new text begin (2) the time period that the subject was under surveillance by a UAV; and
new text end

new text begin (3) whether the notification was delayed pursuant to paragraph (c) and, if so, the
court that granted the delay and the reasons for granting the delay.
new text end

new text begin (c) A governmental entity may include in the application for a warrant a request for
an order to delay the notification required under this section for a period not to exceed
ten days. The court shall issue the order if the court determines that there is reason to
believe that notification may have an adverse result. Upon expiration of the period of
delay granted under this subdivision and any extension granted under paragraph (d),
the governmental entity shall provide the subject a copy of the warrant together with a
notice pursuant to paragraph (b).
new text end

new text begin (d) The court, upon application, may grant one or more extensions of orders granted
under paragraph (c) for up to an additional ten days.
new text end

new text begin Subd. 9. new text end

new text begin Remedies for violation. new text end

new text begin A person aggrieved by a governmental entity's
violation of this section may bring a civil action against the governmental entity.
new text end

new text begin Subd. 10. new text end

new text begin Reporting. new text end

new text begin (a) In June of each year, each governmental entity that uses
unmanned aerial vehicles shall report to the legislature and make public on its Web site:
new text end

new text begin (1) the number of times an unmanned aerial vehicle was used, organized by the types
of incidents and the types of justification for deployment;
new text end

new text begin (2) the number of criminal investigations aided by the use of unmanned aerial
vehicles, including a description of how the unmanned aerial vehicle was helpful to each
investigation;
new text end

new text begin (3) the number of uses of unmanned aerial vehicles for reasons other than criminal
investigations, including a description of how the unmanned aerial vehicle was helpful in
each instance;
new text end

new text begin (4) the frequency and type of data collected on individuals or areas other than
targets; and
new text end

new text begin (5) the total cost of the entity's unmanned aerial vehicle program.
new text end

new text begin (b) In January of each year, any judge who has issued a warrant or order under this
section that expired during the preceding year, or who has denied approval during that
year, shall report to the state court administrator:
new text end

new text begin (1) the fact that an order or extension was applied for;
new text end

new text begin (2) the kind of order or extension applied for;
new text end

new text begin (3) the fact that the order or extension was granted as applied for, was modified,
or was denied;
new text end

new text begin (4) the period of unmanned aerial vehicle use authorized by the order, and the
number and duration of any extensions of the order;
new text end

new text begin (5) the offense specified in the order or application, or extension of an order; and
new text end

new text begin (6) the identity of the applying governmental entity making the application and the
person authorizing the application.
new text end

new text begin (c) In June of each year, the state court administrator shall transmit to the legislature
and post on the Supreme Court's Web site a full and complete report concerning the
number of applications for orders authorizing or approving operation of unmanned aerial
vehicles or disclosure of information from the operation of unmanned aerial vehicles
pursuant to this section and the number of orders and extensions granted or denied pursuant
to this section during the preceding calendar year. The report shall include a summary and
analysis of the data required to be filed with the state court administrator by paragraph (b).
new text end

Sec. 2.

Minnesota Statutes 2014, section 626A.28, subdivision 3, is amended to read:

Subd. 3.

Records concerning electronic communication service or remote
computing service.

(a) Except as provided in paragraph (b) or chapter 325M, a provider
of electronic communication service or remote computing service may disclose a record
or other information pertaining to a subscriber to or customer of the service, not including
the contents of communications covered by subdivision 1 or 2, new text begin or location information
covered by section 626A.43, new text end to any person other than a governmental entity.

(b) A provider of electronic communication service or remote computing service
may disclose a record or other information pertaining to a subscriber to or customer of the
service, not including the contents of communications covered by subdivision 1 or 2, to a
governmental entity only when the governmental entity:

(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;

(2) obtains a warrant;

(3) obtains a court order for such disclosure under subdivision 4; or

(4) has the consent of the subscriber or customer to the disclosure.

(c) A governmental entity receiving records or information under this subdivision is
not required to provide notice to a subscriber or customer.

(d) Notwithstanding paragraph (b), a provider of electronic communication service
or remote computing service may not disclose location information covered by section
626A.42 to a government entity except as provided in that section.

Sec. 3.

new text begin [626A.43] ELECTRONIC DEVICE LOCATION INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) An "adverse result" occurs when notification of the existence of a search warrant
results in:
new text end

new text begin (1) danger to the life or physical safety of an individual;
new text end

new text begin (2) a flight from prosecution;
new text end

new text begin (3) the destruction of or tampering with evidence;
new text end

new text begin (4) the intimidation of potential witnesses; or
new text end

new text begin (5) serious jeopardy to an investigation or undue delay of a trial.
new text end

new text begin (c) "Electronic communication service" has the meaning given in section 626A.01,
subdivision 17.
new text end

new text begin (d) "Electronic device" means a device that enables access to or use of an electronic
communication service, remote computing service, or location information service.
new text end

new text begin (e) "Government entity" means a state or local agency including, but not limited to,
a law enforcement entity or any other investigative entity, agency, department, division,
bureau, board, or commission or an individual acting or purporting to act for or on behalf
of a state or local agency.
new text end

new text begin (f) "Location information" means information concerning the location of an
electronic device that, in whole or in part, is generated or derived from or obtained by the
operation of an electronic device.
new text end

new text begin (g) "Location information service" means the provision of a global positioning
service or other mapping, locational, or directional information service.
new text end

new text begin (h) "Remote computing service" has the meaning given in section 626A.34.
new text end

new text begin Subd. 2. new text end

new text begin Search warrant required for location information. new text end

new text begin (a) Except as
provided in paragraph (b), a government entity may not obtain the location information of
an electronic device without a search warrant. A search warrant granting access to location
information must be issued only if the government entity shows that there is probable
cause that the person who possesses an electronic device is committing, has committed, or
is about to commit a felony-level offense or a qualified domestic violence-related offense,
as defined in section 609.02, subdivision 16.
new text end

new text begin (b) A government entity may obtain location information without a search warrant:
new text end

new text begin (1) when the electronic device is reported lost or stolen by the owner;
new text end

new text begin (2) in order to respond to the user's call for emergency services;
new text end

new text begin (3) with the informed, affirmative consent of the owner or user of the electronic
device;
new text end

new text begin (4) with the informed, affirmative consent of the legal guardian or next of kin of
the owner or user, if the owner or user is believed to be deceased or reported missing and
unable to be contacted; or
new text end

new text begin (5) when an emergency involving immediate danger of death or serious physical
injury to any person requires obtaining information relating to the emergency without
delay, and the search is narrowly tailored to address the emergency.
new text end

new text begin (c) A government entity exercising the warrantless emergency search authority under
paragraph (b), clause (5), must document the basis for determining that an emergency
involving immediate danger of death or serious physical injury to a person requires
obtaining, without delay, location information relating to the emergency and, not later
than 48 hours after the date on which the government entity obtains access to location
information, the government entity shall file with the appropriate court a signed, sworn
statement of a supervisory official setting forth the grounds for the emergency access.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin (a) Notice must be given to the owner or user of an electronic
device whose location information was obtained by a government entity.
new text end

new text begin (b) Unless delayed notice is ordered under paragraph (c), the government entity
shall provide notice to the owner or user that location information was obtained by the
government entity from that owner's or user's electronic device within three days of
obtaining the location information. The notice must be made by service or delivered
by registered or first class mail, e-mail, or any other means reasonably calculated to be
effective as specified by the court issuing the warrant. The notice must contain the
following information:
new text end

new text begin (1) the nature of the law enforcement inquiry, with reasonable specificity;
new text end

new text begin (2) the location information of the owner or user that was obtained by, supplied to,
or requested by the government entity and the date on which it was obtained, provided,
or requested;
new text end

new text begin (3) if location information was obtained from a provider of electronic communication
service or other third party, the identity of the provider of electronic communication
service or the third party from whom the information was obtained; and
new text end

new text begin (4) whether the notification was delayed pursuant to paragraph (c) and, if so, the
court that granted the delay and the reasons for granting the delay.
new text end

new text begin (c) A government entity may include in the application for a warrant a request
for an order to delay the notification required under this subdivision for a period not to
exceed ten days. The court shall issue the order if the court determines that there is reason
to believe that notification may have an adverse result. Upon expiration of the period of
delay granted under this subdivision and any extension granted under paragraph (e), the
government entity shall provide the owner or user a copy of the warrant together with a
notice pursuant to paragraph (b).
new text end

new text begin (d) A government entity may include in its application for a warrant a request for
an order directing a provider of electronic communication service to which a warrant is
directed not to notify any other person of the existence of the warrant for a period of not
more than ten days. The court shall issue the order if the court determines that there is
reason to believe that notification of the existence of the warrant may have an adverse result.
new text end

new text begin (e) The court, upon application, may grant one or more extensions of orders granted
under paragraph (c) or (d) for up to an additional ten days.
new text end

new text begin Subd. 4. new text end

new text begin Reporting requirements. new text end

new text begin (a) By January 31 of each calendar year, any
judge issuing or denying a warrant or receiving a report of emergency access to location
information under subdivision 2 during the preceding calendar year shall report on each
warrant or notice of emergency access to the state court administrator:
new text end

new text begin (1) the date the warrant was applied for or the notice was received;
new text end

new text begin (2) the agency making the application or notice;
new text end

new text begin (3) the offense, if any, specified in the warrant application, warrant, or notice;
new text end

new text begin (4) the nature of the facilities from which, the place where, or the technique by
which location information was to be obtained;
new text end

new text begin (5) the expected number of devices about which location information was obtained;
new text end

new text begin (6) whether the warrant was granted as applied for, was modified, or was denied; and
new text end

new text begin (7) the period of disclosures authorized by the warrant, and the number and duration
of any extensions of the warrant.
new text end

new text begin (b) In June of each year, beginning in 2014, the state court administrator shall
transmit to the legislature a full and complete record concerning the number of applications
for warrant authorizing or requiring the disclosure of location information, the number of
times access to location information was obtained pursuant to subdivision 2, paragraph
(b), clause (5), and the number of notices of emergency access received under subdivision
2, paragraph (b), during the preceding calendar year. The report shall include a summary
and analysis of the data required to be filed with the state court administrator by paragraph
(a). The state court administrator is authorized to issue binding regulations dealing with
the content and form of the reports required to be filed by paragraph (a).
new text end

new text begin (c) In June of each year, beginning in 2014, a nonclassified summary of the report
shall be made publicly available on the Web site for the state court administrator.
new text end

new text begin Subd. 5. new text end

new text begin Prohibition on use of evidence. new text end

new text begin (a) Except as proof of a violation of
this section, no evidence obtained in violation of this section shall be admissible in any
criminal, civil, administrative, or other proceeding.
new text end

new text begin (b) Any location information obtained pursuant to this chapter or evidence derived
from the location information shall not be received in evidence or otherwise disclosed
in any trial, hearing, or other proceeding in a federal or state court unless each party,
not less than ten days before the trial, hearing, or proceeding, has been furnished with a
copy of the warrant, and accompanying application, under which the information was
obtained. This ten-day period may be waived by the judge if the judge finds that it was
not possible to furnish a party with the required information ten days before the trial,
hearing, or proceeding and that a party will not be prejudiced by the delay in receiving
the required information.
new text end