Bill Text: HI HB1805 | 2016 | Regular Session | Introduced

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Bill Title: Unmanned Aircraft Systems; Restrictions on Use

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-27 - Referred to TRN, JUD, FIN, referral sheet 2 [HB1805 Detail]

Download: Hawaii-2016-HB1805-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1805
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to unmanned aircraft systems.

 

 

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

 

     SECTION 1.  The legislature finds that the use of unmanned aircraft systems by law enforcement and private entities for surveillance and data collection has increased in recent years.  The legislature further finds that this rapidly changing technology has positive uses in public safety; however, it remains important to uphold and protect the privacy rights of individuals and their freedom from unwarranted surveillance.

     The purpose of this Act is to prescribe limits on the uses of unmanned aircraft systems by law enforcement agencies and private entities.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

UNMANNED AIRCRAFT SYSTEMS

     §   -1  Definitions.  As used in this chapter:

     "Unmanned aircraft system" means a powered aerial vehicle that:

     (1)  Does not carry a human operator;

     (2)  Uses aerodynamic forces to provide vehicle lift;

     (3)  Can fly autonomously or be piloted remotely;

     (4)  Can be expendable or recoverable; and

     (5)  Can carry a lethal or nonlethal payload;

provided that the term shall not include model flying airplanes or rockets, including those that are radio controlled or otherwise remotely controlled and that are used purely for sport or recreational purposes.

     "Law enforcement agency" means any county police department, the department of public safety, and any state or county public body that employs law enforcement officers.

     §   -2  Prohibited use of unmanned aircraft systems by law enforcement agency; exceptions.  (a)  No law enforcement agency shall use an unmanned aircraft system to gather evidence or other information pertaining to criminal conduct or conduct in violation of a statute, ordinance, or administrative rule without a search warrant authorizing use of the unmanned aircraft system.

     (b)  A law enforcement agency may use an unmanned aircraft system to conduct surveillance or observation without a search warrant if the law enforcement agency determines that the use of an unmanned aircraft system is necessary to:

     (1)  Prevent imminent danger to life or serious damage to property;

     (2)  Prevent the imminent escape of a suspect or destruction of evidence;

     (3)  Facilitate the search for or rescue of a missing person; or

     (4)  Conduct training exercises for any of the purposes in paragraphs (1) to (4).

     (c)  No information obtained or collected in violation of this section shall be admissible as evidence in a criminal prosecution in any court of law of this State.

     (d)  In no case may a weaponized unmanned aircraft system be deployed or its use facilitated by a law enforcement agency in the State.

     §   -3  Prohibited use of unmanned aircraft systems by private entities; civil action.  (a)  No private entity shall use an unmanned aircraft system to:

     (1)  Conduct surveillance or observation of:

         (A)  An individual or a dwelling owned by an individual without the individual's written consent; or

         (B)  A farm, dairy, ranch, or other agricultural industry facility without the written consent of the owner; or

     (2)  Photograph an individual, without the individual's written consent, for the purpose of publishing or otherwise publicly distributing the photograph.

     (b)  Nothing in this section shall be construed to prohibit the use of an unmanned aircraft system for the purpose of taking photographs of gatherings of the public on public or private lands.

     (c)  Any person who is the subject of surveillance or observation or who is photographed in violation of this section shall have a civil cause of action against the law enforcement agency or private entity that conducted the surveillance or observation or that used an unmanned aircraft system to photograph the person for the purposes of publishing or otherwise publicly distributing the photograph."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Unmanned Aircraft Systems; Restrictions on Use

 

Description:

Prohibits the use of unmanned aircraft systems by law enforcement to gather evidence.  Restricts the uses of unmanned aircraft systems by private entities.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.