SF 1506

as introduced - 88th Legislature (2013 - 2014) Posted on 04/05/2013 08:36am

A bill for an act
relating to public safety; prohibiting a law enforcement agency from using drones
to gather evidence or other information; prohibiting use of drones by persons;
prohibiting the use of drones by a federal agency within the boundaries of the
state; proposing coding for new law in Minnesota Statutes, chapters 624; 634.

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

Section 1. new text begin LEGISLATIVE PURPOSE.
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new text begin The legislature finds that:
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new text begin (1) the right to privacy is among the most sacred and inalienable rights of an
individual and is a principle implicit in the concept of a free and just society;
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new text begin (2) in February 2012, Public Law 112-95, the FAA Modernization and Reform Act
of 2012 which mandates that the Federal Aviation Administration administer a program
that integrates the use of unmanned aircraft systems, often referred to as drones, into the
national airspace system, was signed into law; and
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new text begin (3) although the use of drones may serve as a vital tool in the areas of crime and
terrorism prevention, it is necessary that the government's use of this technology be
counterbalanced by the societal interest of preserving each individual's constitutional
right to privacy.
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new text begin Therefore, it is the purpose of this act to protect personal privacy and to authorize
the use of drones only in instances of exigent circumstances or when law enforcement
officials have obtained a court order.
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Sec. 2.

new text begin [624.75] PRIVATE USE OF DRONES.
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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) "Dangerous weapon" has the meaning given in section 609.02, subdivision 6.
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new text begin (c) "Drone" has the meaning given in section 634.40, subdivision 1, paragraph (b).
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new text begin (d) "Person" means an individual, partnership, corporation, association, or other
legal entity but does not include the state or a political subdivision.
new text end

new text begin Subd. 2. new text end

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

new text begin A person is guilty of a felony if the person
uses a drone to capture images of an individual on public or private property without the
permission of the individual and the owner of the private property or appropriate public
authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, and applies to offenses
committed on or after that date.
new text end

Sec. 3.

new text begin [634.40] SEARCH AND SEIZURE; AGENCY USE OF DRONES.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the terms in this subdivision
have the meanings given them.
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new text begin (b) "Drone" means a powered, aerial vehicle that:
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new text begin (1) does not carry a human operator;
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new text begin (2) uses aerodynamic forces to provide vehicle lift;
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new text begin (3) can fly autonomously or be piloted remotely;
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new text begin (4) can be expendable or recoverable; and
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new text begin (5) can carry a lethal or nonlethal payload.
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new text begin (c) "Federal agency" has the meaning given in section 469.110, subdivision 8.
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new text begin (d) "First responder" means an individual who is certified by the Emergency Medical
Services Regulatory Board to perform basic emergency skills before the arrival of a
licensed ambulance service and who is a member of an organized service recognized by a
local political subdivision to respond to medical emergencies to provide initial medical
care before the arrival of an ambulance.
new text end

new text begin (e) "Law enforcement agency" means a lawfully established state or local public
agency that is responsible for the prevention and detection of crime and the enforcement
of penal, traffic, regulatory, game, or controlled substance laws.
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new text begin Subd. 2. new text end

new text begin Prohibition on use of drone by state agency. new text end

new text begin A law enforcement agency
may not use a drone to gather evidence or other information in an investigation.
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new text begin Subd. 3. new text end

new text begin Prohibition on use of drone by federal agency. new text end

new text begin A federal agency may not
use a drone within the borders of the state of Minnesota.
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new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin This section does not prohibit the use of a drone:
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new text begin (1) to counter a high risk of a terrorist attack by a specific individual or organization
if the United States Secretary of Homeland Security determines that credible intelligence
indicates that there is a risk;
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new text begin (2) if the law enforcement agency first obtains a search warrant authorizing the
use of a drone;
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new text begin (3) if the law enforcement agency possesses a reasonable suspicion that under
particular circumstances, swift action is needed to prevent imminent danger to life or
serious damage to property, or to forestall the imminent escape of a suspect or the
destruction of evidence; or
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new text begin (4) by a first responder in an emergency situation.
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new text begin Subd. 5. 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 in order to prevent or
remedy a violation of this section.
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new text begin Subd. 6. new text end

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

new text begin Evidence 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.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end