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Minnesota Legislature

Office of the Revisor of Statutes

HF 1236

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 03:43pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2019

Current Version - as introduced

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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.
new text end

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.
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 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.
new text end

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
new text end

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:
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
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:
new text end

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;
new text end

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

new text begin (3) the number of uses 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), 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 website.
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:
new text end

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;
new text end

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

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
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 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
website 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