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Minnesota Legislature

Office of the Revisor of Statutes

SF 1529

as introduced - 90th Legislature (2017 - 2018) Posted on 02/28/2017 09:44am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15

A bill for an act
relating to public safety; prohibiting law enforcement agencies from using
unmanned aerial cameras to gather evidence in certain circumstances; authorizing
civil actions; 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] SEARCHES AND SEIZURES USING A DRONE.
new text end

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 following terms have the
meanings given.
new text end

new text begin (b) "Unmanned aerial camera" or "UAC" means a powered, aerial vehicle with a camera
that:
new text end

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

new text begin (2) uses aerodynamic forces to provide vehicle lift;
new text end

new text begin (3) can fly autonomously or be piloted remotely; and
new text end

new text begin (4) can be expendable or recoverable.
new text end

new text begin (c) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin Subd. 2. new text end

new text begin Prohibited use of UAC. new text end

new text begin A law enforcement agency may not use a UAC to
gather evidence or other information on individuals.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not prohibit the use of a UAC:
new text end

new text begin (1) 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 (2) if the law enforcement agency first obtains a search warrant authorizing its use;
new text end

new text begin (3) if the law enforcement agency possesses 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
new text end

new text begin (4) 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 Subd. 4. new text end

new text begin Remedies for violation. new text end

new text begin A person aggrieved by a law enforcement agency's
violation of this section may bring a civil action against the agency.
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 Evidence obtained or collected in violation
of this section is not admissible in a criminal prosecution in this state.
new text end