SF 3074

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 02/20/2020 02:45pm

A bill for an act
relating to public safety; regulating the use of unmanned aerial vehicles by law
enforcement agencies; classifying data; amending Minnesota Statutes 2018, section
13.82, subdivision 15, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2018, section 13.82, subdivision 15, is amended to read:

Subd. 15.

Public benefit data.

Any law enforcement agency may make any data
classified as confidential or protected nonpublic pursuant to subdivision 7 or as private or
nonpublic under section 13.825 new text begin or 626.19 new text end accessible to any person, agency, or the public
if the agency determines that the access will aid the law enforcement process, promote
public safety, or dispel widespread rumor or unrest.

Sec. 2.

Minnesota Statutes 2018, section 13.82, is amended by adding a subdivision to
read:

new text begin Subd. 32. new text end

new text begin Unmanned aerial vehicles. new text end

new text begin Section 626.19 governs data collected, created,
or maintained through the use of an unmanned aerial vehicle.
new text end

Sec. 3.

new text begin [626.19] USE OF UNMANNED AERIAL VEHICLES.
new text end

new text begin Subdivision 1. new text end

new text begin Application; definitions. new text end

new text begin (a) This section applies to unmanned aerial
vehicle data collected, created, or maintained by a law enforcement agency and to law
enforcement agencies that maintain, use, or plan to use an unmanned aerial vehicle in
investigations, training, or in response to emergencies, incidents, and requests for service.
Unmanned aerial vehicle data collected, created, or maintained by a government entity is
classified under chapter 13.
new text end

new text begin (b) For purposes of this section, the following terms have the meanings given:
new text end

new text begin (1) "government entity" has the meaning given in section 13.02, subdivision 7a, except
that it does not include a law enforcement agency;
new text end

new text begin (2) "law enforcement agency" has the meaning given in section 626.84, subdivision 1;
new text end

new text begin (3) "unmanned aerial vehicle" or "UAV" means an aircraft that is operated without the
possibility of direct human intervention from within or on the aircraft; and
new text end

new text begin (4) "terrorist attack" means a crime that furthers terrorism as defined in section 609.714,
subdivision 1.
new text end

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 must not use a UAV without a search warrant issued under
this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Authorized use. new text end

new text begin A law enforcement agency may use a UAV:
new text end

new text begin (1) during or in the aftermath of an emergency situation that involves the risk of death
or bodily harm to a person;
new text end

new text begin (2) over a public event where there is a heightened risk to the safety of participants or
bystanders;
new text end

new text begin (3) to counter the risk of a terrorist attack by a specific individual or organization if the
agency determines that credible intelligence indicates a risk;
new text end

new text begin (4) to prevent the loss of life and property in natural or man-made disasters and to
facilitate operational planning, rescue, and recovery operations in the aftermath of these
disasters;
new text end

new text begin (5) to conduct a threat assessment in anticipation of a specific event;
new text end

new text begin (6) to collect information from a public area if there is reasonable suspicion of criminal
activity;
new text end

new text begin (7) to collect information for crash reconstruction purposes after a serious or deadly
collision occurring on a public road;
new text end

new text begin (8) over a public area for officer training or public relations purposes; and
new text end

new text begin (9) for purposes unrelated to law enforcement at the request of a government entity
provided that the government entity makes the request in writing to the law enforcement
agency and specifies the reason for the request and proposed period of use.
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 using a UAV must comply
with all Federal Aviation Administration requirements and guidelines.
new text end

new text begin (b) The governing body overseeing the law enforcement agency must approve the
agency's acquisition of a UAV at a public hearing. The law enforcement agency must provide
the proposed written policy described under subdivision 9 to the governing body and make
it available for public comment.
new text end

new text begin (c) A law enforcement agency must not deploy a UAV with facial recognition or other
biometric-matching technology unless expressly authorized by a warrant.
new text end

new text begin (d) A law enforcement agency must not equip a UAV with weapons.
new text end

new text begin (e) A law enforcement agency must not use a UAV to collect data on public protests or
demonstrations unless expressly authorized by a warrant or an exception applies under
subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Documentation required. new text end

new text begin A law enforcement agency must document each
use of a UAV, connect each deployment to a unique case number, provide a factual basis
for the use of a UAV, and identify the applicable exception under subdivision 3 unless a
warrant was obtained.
new text end

new text begin Subd. 6. new text end

new text begin Data classification; retention. new text end

new text begin (a) Data collected by a UAV are private data
on individuals or nonpublic data, subject to the following:
new text end

new text begin (1) if the individual requests a copy of the recording, data on other individuals who do
not consent to its release must be redacted from the copy;
new text end

new text begin (2) UAV data may be disclosed as necessary in an emergency situation under subdivision
3, clause (1);
new text end

new text begin (3) UAV data may be disclosed to the government entity making a request for UAV use
under subdivision 3, clause (9);
new text end

new text begin (4) UAV data that are criminal investigative data are governed by section 13.82,
subdivision 7; and
new text end

new text begin (5) UAV data that are not public data under other provisions of chapter 13 retain that
classification.
new text end

new text begin (b) Section 13.04, subdivision 2, does not apply to data collected by a UAV.
new text end

new text begin (c) Notwithstanding section 138.17, a law enforcement agency must delete data collected
by a UAV as soon as possible, and in no event later than seven days after collection unless
the data is part of an active criminal investigation.
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, administrative, or civil
proceeding against the data subject.
new text end

new text begin Subd. 8. new text end

new text begin Remedies. new text end

new text begin In addition to any other remedies provided by law, including remedies
available under chapter 13, an aggrieved party may bring a civil action against a law
enforcement agency to prevent or remedy a violation of this section.
new text end

new text begin Subd. 9. new text end

new text begin Written policies required. new text end

new text begin Prior to the operation of a UAV, the chief officer
of every state and local law enforcement agency that uses or plans to use a UAV must
establish and enforce a written policy governing UAV use, including requests for use from
government entities. The agency must post the written policy on its website, if the agency
has a website.
new text end

new text begin Subd. 10. new text end

new text begin Notice; disclosure of warrant. 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 issuance of the warrant or application;
new text end

new text begin (2) the date of issuance and the period of authorized, approved, or disapproved collection
of information, or the denial of the application; and
new text end

new text begin (3) whether information was or was not collected during the period.
new text end

new text begin (b) A warrant authorizing collection of information with a UAV must direct that:
new text end

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
using 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 the 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. 11. 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
maintains or uses a UAV shall report to the commissioner of public safety the following
information for the preceding calendar year:
new text end

new text begin (1) the number of times a UAV was deployed, organized by the types of incidents and
the justification for deployment;
new text end

new text begin (2) the number of criminal investigations aided by the deployment of UAVs;
new text end

new text begin (3) the number of deployments of UAVs for reasons other than criminal investigations;
and
new text end

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), submit the report to the chairs and ranking minority members of the senate and house
of representatives committees having jurisdiction over data practices and public safety, and
make the report public on the department's website.
new text end

new text begin (c) By January 15 of each year, a judge who has issued or denied approval of a warrant
under this section that expired during the preceding year shall report to the state court
administrator:
new text end

new text begin (1) that a warrant or extension was applied for;
new text end

new text begin (2) the type of warrant or extension applied for;
new text end

new text begin (3) whether the warrant or extension was granted as applied for, modified, or denied;
new text end

new text begin (4) the period of UAV use authorized by the warrant and the number and duration of
any extensions of the warrant;
new text end

new text begin (5) the offense specified in the warrant or application or extension of a warrant; and
new text end

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 submit to the chairs and
ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over data practices and public safety and post on the supreme
court's website a full and complete report concerning the number of applications for warrants
authorizing or approving use of UAVs or disclosure of information from the use of UAVs
under this section and the number of warrants 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 under paragraph (c).
new text end