Bill Text: AZ HB2538 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Unmanned aerial vehicles; prohibited
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2014-02-04 - Referred to House JUD Committee [HB2538 Detail]
Download: Arizona-2014-HB2538-Introduced.html
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REFERENCE TITLE: unmanned aerial vehicles; prohibited |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2538 |
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Introduced by Representatives Seel, Borrelli, Thorpe: Livingston, Mitchell, Petersen, Senators Crandell, Farnsworth D, Ward
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AN ACT
amending title 13, chapter 37, Arizona Revised Statutes, by adding section 13-3729; relating to unmanned aerial vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding section 13-3729, to read:
13-3729. Unlawful use of unmanned aerial vehicles; search warrant; classification; definitions
A. It is unlawful for a law enforcement agent to use an unmanned aerial vehicle for any purpose within the airspace of this state without first obtaining a search warrant.
B. It is unlawful for a person to knowingly, or under facts where the person should know, assist any person or entity in a violation of this section.
C. Any information that is gained from or as a result of a violation of this section is inadmissible in any civil or criminal trial in this state.
D. A search warrant issued for the use of an unmanned aerial vehicle shall only be granted if probable cause is established by oath or affirmation and shall expire twenty-four hours after its issuance.
E. A violation of this section is a class 6 felony.
F. For the purposes of this section:
1. "Law enforcement agent" means either:
(a) Any law enforcement or criminal justice officer, employee or agent of the United States or any branch, department or agency of the United States or any person or entity acting under a contract with the United States or any branch, department or agency of the United States for the purpose of law enforcement or criminal justice.
(b) Any law enforcement or criminal justice officer, employee or agent of this state or any branch, department or agency of this state or any person or entity acting under a contract with this state or any branch, department or agency of this state for the purpose of law enforcement or criminal justice.
2. "Search warrant" means a search warrant that is issued by a duly authorized magistrate or judge of this state or the federal government using the procedures established by applicable law.
3. "Unmanned aerial vehicle" means any aircraft without a human pilot on board.
Sec. 2. Legislative findings
The Legislature finds that:
1. The right to privacy is fundamental in a free and civilized society.
2. Persons within this state have a reasonable and justifiable expectation of privacy that they will not be monitored by the use of unmanned aerial vehicles by law enforcement agents of the United States or this state without first obtaining a search warrant.
3. The potential benefit to law enforcement and criminal justice from the use of unmanned aerial vehicles without first obtaining a search warrant is far outweighed by the degradation to the fundamental right to privacy secured by the constitutions of the United States and this state that will result from law enforcement's use of unmanned aerial vehicles without first obtaining a search warrant.
4. The use of unmanned aerial vehicles by law enforcement is repugnant to a free society.
