HF 1197

as introduced - 89th Legislature (2015 - 2016) Posted on 02/26/2015 05:24pm

A bill for an act
relating to public safety; regulating the use of unmanned aerial vehicles by law
enforcement; proposing coding for new law in Minnesota Statutes, chapter 626.

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.
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new text begin (b) "Adverse result" means:
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new text begin (1) endangering the life or physical safety of an individual;
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new text begin (2) flight from prosecution;
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new text begin (3) destruction of or tampering with evidence;
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new text begin (4) intimidation of potential witnesses; or
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new text begin (5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
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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 an aircraft that is operated without
the possibility of direct human intervention from within or on the aircraft.
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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 issued pursuant to this chapter.
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.
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new text begin (b) 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 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.
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new text begin (b) Acquisition of unmanned aerial vehicles must be approved by the governmental
entity's legislative body.
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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.
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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 A governmental entity may
disclose or receive information about any person acquired through the operation of an
unmanned aerial vehicle if the person has given written consent to such 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. The data must be deleted
as soon as possible, and in no event later than 24 hours after collection.
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new text begin (b) Data collected pursuant to this section shall be classified as criminal investigative
data under section 13.82, subdivision 7.
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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;
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new text begin (2) the time period that the subject was under surveillance by a UAV; and
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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.
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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).
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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.
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new text begin Subd. 9. new text end

new text begin Remedies for violation. new text end

new text begin An aggrieved party may initiate a civil action
against a governmental entity to obtain all appropriate relief in order to prevent or remedy
a violation of this section.
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:
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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;
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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;
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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;
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new text begin (4) the frequency and type of data collected on individuals or areas other than
targets; and
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new text begin (5) the total cost of the entity's unmanned aerial vehicle program.
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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:
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new text begin (1) the fact that an order or extension was applied for;
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new text begin (2) the kind of order or extension applied for;
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new text begin (3) the fact that the order or extension was granted as applied for, was modified,
or was denied;
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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;
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new text begin (5) the offense specified in the order or application, or extension of an order; and
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new text begin (6) the identity of the applying governmental entity making the application and the
person authorizing the application.
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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).
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