SF 1299

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2015 04:30pm

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.
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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.
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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) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1.
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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 law enforcement agency may not operate a UAV without a search warrant
issued under this chapter.
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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
an imminent 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.
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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.
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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.
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new text begin (b) Acquisition of UAVs must be approved by the governmental entity overseeing
the law enforcement agency.
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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.
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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.
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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. 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 is 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 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) Notice must be given to the subject of a warrant or order
issued under this section.
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new text begin (b) Unless delayed notice is ordered under paragraph (c), the law enforcement
agency 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 or order. 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 under 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 law enforcement agency may include in the application for a warrant or order 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 to delay notification 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 paragraph and any extension
granted under paragraph (d), the law enforcement agency shall provide the subject a copy
of the warrant or order together with a notice under 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 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 June 15 of each year, each law enforcement agency
that uses UAVs shall 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 public on the law enforcement agency's Web site 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, including a
description of how the UAV was helpful to each investigation;
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new text begin (3) the number of uses of UAVs for reasons other than criminal investigations,
including a description of how the UAV 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 agency's UAV program.
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new text begin (b) 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;
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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;
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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.
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new text begin (c) 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 (b).
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