SF 1299

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/15/2016 08:45am

A bill for an act
relating to public safety; regulating the use of unmanned aerial vehicles by law
enforcement agencies; 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 purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1.
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new text begin (c) "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 law enforcement agency may not operate a UAV without a search warrant
issued under 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 law enforcement agency may operate a UAV and
disclose information collected from the operation in an emergency situation that involves
a reasonably likely threat to the life or safety of a person. A law enforcement agency that
deploys a UAV under 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 the UAV commenced.
new text end

new text begin (b) A law enforcement agency may operate a UAV 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 UAV
will uncover this activity, and that alternative methods of data collection are either cost
prohibitive or present a significant risk to any person's bodily safety. An order 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 (c) A law enforcement agency may operate a UAV to counter a high risk of a terrorist
attack by a specific individual or organization if the agency determines that credible
intelligence indicates this risk. A law enforcement agency that deploys a UAV under this
paragraph must document the factual basis for the use 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 use not later than 48 hours after operation of the
UAV commenced. The law enforcement agency may request that the form and statement
be sealed. An order must be issued granting the request in whole or in part if the court
finds reasonable grounds exist to believe that refusing the request may cause the search
or a related search to be unsuccessful, create a substantial risk of injury to an innocent
person, or severely hamper an ongoing investigation.
new text end

new text begin (d) A law enforcement agency may operate a UAV to prevent the loss of life and
property in natural or man-made disasters and to facilitate the operational planning,
rescue, and recovery operations in the aftermath of these disasters. A law enforcement
agency that deploys a UAV under this paragraph must document the factual basis for the
use 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 use not
later than 48 hours after operation of the UAV commenced.
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 law enforcement agency operating a UAV must
fully comply with all Federal Aviation Administration requirements and guidelines.
new text end

new text begin (b) Acquisition of UAVs must be approved by the governmental entity overseeing
the law enforcement agency.
new text end

new text begin (c) Unless specifically authorized in the warrant or order, 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 law enforcement agency may not deploy facial recognition or other
biometric-matching technology via a UAV unless expressly authorized to do so through
a court order or warrant.
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new text begin (e) UAVs 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 law enforcement agency may
disclose or receive information about any person acquired through the operation of a UAV
if the 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
section 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 is 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 law enforcement agency
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) Within a reasonable time but not later than 90 days after the
court unseals a warrant under this subdivision, the issuing or denying judge shall cause
to be served on the persons named in the warrant and the application an inventory that
shall include notice of:
new text end

new text begin (1) the fact of the issuance of the warrant or the application;
new text end

new text begin (2) the date of the issuance and the period of authorized, approved, or disapproved
collection of information, or the denial of the application; and
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new text begin (3) the fact that during the period information was or was not collected.
new text end

new text begin (b) A warrant authorizing collection of information must direct that:
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new text begin (1) the warrant be sealed for a period of 90 days or until the objective of the warrant
has been accomplished, whichever is shorter; and
new text end

new text begin (2) the warrant be filed with the court administrator within ten days of the expiration
of the warrant.
new text end

new text begin (c) The prosecutor may request that the warrant, supporting affidavits, and any order
granting the request not be filed. An order must be issued granting the request in whole or
in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable
grounds exist to believe that filing the warrant may cause the search or a related search
to be unsuccessful, create a substantial risk of injury to an innocent person, or severely
hamper an ongoing investigation.
new text end

new text begin (d) The warrant must direct that following the commencement of any criminal
proceeding utilizing evidence obtained in or as a result of the search, the supporting
application or affidavit must be filed either immediately or at any other time as the court
directs. Until such filing, the documents and materials ordered withheld from filing must
be retained by the judge or the judge's designee.
new text end

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 law enforcement agency to obtain all appropriate relief 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) By January 15 of each year, each law enforcement agency
that uses UAVs shall report to the commissioner of public safety the following information
for the preceding calendar year:
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new text begin (1) the number of times a UAV 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 UAVs;
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new text begin (3) the number of uses of UAVs for reasons other than criminal investigations; and
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new text begin (4) the total cost of the agency's UAV program.
new text end

new text begin (b) By June 15 of each year, the commissioner of public safety shall compile a full
and complete report summarizing the information submitted to the commissioner under
paragraph (a), and submit the report to the chairs and ranking minority members of the
senate and house of representatives committees having jurisdiction over criminal justice
and public safety issues and make the report public on the department's Web site.
new text end

new text begin (c) By January 15 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 a warrant, order, or extension was applied for;
new text end

new text begin (2) the kind of warrant, order, or extension applied for;
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new text begin (3) the fact that the warrant, order, or extension was granted as applied for, was
modified, or was denied;
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new text begin (4) the period of UAV use authorized by the warrant or order, and the number and
duration of any extensions of the warrant or order;
new text end

new text begin (5) the offense specified in the warrant, order, or application, or extension of a
warrant or order; and
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new text begin (6) the identity of the law enforcement agency making the application and the
person authorizing the application.
new text end

new text begin (d) By June 15 of each year, the state court administrator shall transmit to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice and public safety issues and post on the Supreme
Court's Web site a full and complete report concerning the number of applications
for warrants or orders authorizing or approving operation of UAVs or disclosure of
information from the operation of UAVs under this section and the number of warrants,
orders, and extensions granted or denied under this section during the preceding calendar
year. The report must include a summary and analysis of the data required to be filed with
the state court administrator by paragraph (c).
new text end