Bill Text: IA HF589 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of unmanned aerial vehicles, and providing penalties. (Formerly HSB 88.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-04-04 - Referred to Public Safety. H.J. 869. [HF589 Detail]
Download: Iowa-2017-HF589-Introduced.html
House File 589 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 88) A BILL FOR 1 An Act relating to the use of unmanned aerial vehicles, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2007HV (1) 87 jm/nh PAG LIN 1 1 Section 1. Section 708.11, subsection 1, paragraph b, Code 1 2 2017, is amended to read as follows: 1 3 b. "Course of conduct" means repeatedly maintaining a visual 1 4 or physical proximity to a person without legitimate purpose or 1 5 repeatedly conveying oral or written threats, threats implied 1 6 by conduct, or a combination thereof, directed at or toward a 1 7 person. "Course of conduct" includes the use of an unmanned 1 8 aerial vehicle, as defined in section 708C.1, to maintain 1 9 visual or physical proximity to a person as provided in this 1 10 paragraph. 1 11 Sec. 2. Section 708A.1, subsection 1, Code 2017, is amended 1 12 to read as follows: 1 13 1. "Material support or resources" means knowingly assisting 1 14 or providing money, financial securities, financial services, 1 15 lodging, training, safe houses, false documentation or 1 16 identification, communication equipment, facilities, weapons, 1 17 lethal substances, explosives, personnel, transportation, 1 18 unmanned aerial vehicles, and other physical assets, except 1 19 medicine or religious materials, for the purpose of assisting a 1 20 person in the commission of an act of terrorism. 1 21 Sec. 3. NEW SECTION. 708C.1 Use of unmanned aerial vehicle 1 22 ==== exceptions ==== penalty. 1 23 1. As used in this section, unless the context otherwise 1 24 requires: 1 25 a. "Agency" means a state agency or political subdivision of 1 26 this state or any person acting on behalf of a state agency or 1 27 political subdivision. 1 28 b. "Dangerous weapon" includes an instrument or device 1 29 designed for causing damage to property. 1 30 c. "Image" means any capturing of sound waves, thermal, 1 31 infrared, ultraviolet, visible light, or other electromagnetic 1 32 wave, odor, or other conditions existing on or about real 1 33 property in this state or a person located on that property. 1 34 d. "Unmanned aerial vehicle" means an aircraft that is 1 35 operated without the possibility of direct human intervention 2 1 from within or on the aircraft. 2 2 2. Agencies. 2 3 a. Except as provided in this paragraph "a", an agency shall 2 4 not use an unmanned aerial vehicle to capture an image or to 2 5 receive or disclose an image acquired through the use of an 2 6 unmanned aerial vehicle. 2 7 (1) An agency may use an unmanned aerial vehicle to capture 2 8 an image or to receive or disclose an image acquired through 2 9 the use of an unmanned aerial vehicle in connection with a 2 10 search warrant that has been issued under the conditions of 2 11 section 808.2 authorizing the use on private property. 2 12 (2) An agency may use an unmanned aerial vehicle without 2 13 preserving any images under the following circumstances: 2 14 (a) When searching for a suspect who committed a crime. 2 15 (b) When supporting the tactical operation of another 2 16 agency. 2 17 (c) For crowd monitoring at events. 2 18 (3) (a) An agency may use an unmanned aerial vehicle if an 2 19 emergency exists based on a reasonable belief that an imminent 2 20 threat exists to the life or safety of a person and within 2 21 forty=eight hours of the emergency use a supervisory official 2 22 of the agency files a sworn statement with the district court 2 23 detailing the grounds for using the unmanned aerial vehicle in 2 24 the emergency. 2 25 (b) If the supervisory official fails to file the sworn 2 26 statement as required by this subparagraph (3), the supervisory 2 27 official shall be removed from any future involvement with the 2 28 agency's use of an unmanned aerial vehicle, and the agency 2 29 shall be required to obtain approval from the applicable 2 30 supervisory body under paragraph "c" prior to any future use of 2 31 an unmanned aerial vehicle by the agency. 2 32 (4) An agency may use an unmanned aerial vehicle on public 2 33 property. 2 34 b. An agency shall not archive data captured or received 2 35 through the use of an unmanned aerial vehicle unless the data 3 1 was captured or received during an operation in conjunction 3 2 with a search warrant or during the existence of an emergency 3 3 under paragraph "a", subparagraph (3), but only for forty=eight 3 4 hours except upon entry of a district court order requiring the 3 5 archiving of the data for more than forty=eight hours. 3 6 c. The acquisition of an unmanned aerial vehicle by a 3 7 state agency shall be approved by the general assembly prior 3 8 to such an acquisition. The acquisition of an unmanned aerial 3 9 vehicle at the county, city, or local government level shall be 3 10 approved by the county board of supervisors, city council, or 3 11 other supervisory legislative body that oversees the political 3 12 subdivision. 3 13 d. An agency shall adopt best practices to ensure that 3 14 unauthorized access to an unmanned aerial vehicle or images 3 15 captured or received by the unmanned aerial vehicle does not 3 16 occur. 3 17 3. Persons. 3 18 a. A person shall not use an unmanned aerial vehicle to 3 19 capture an image of an individual or private property with 3 20 the intent to conduct surveillance, or to stalk, follow, or 3 21 intimidate another person. 3 22 b. A person may use an unmanned aerial vehicle to capture 3 23 or receive an image of an individual if the individual is on 3 24 public property, or the person has received permission from the 3 25 individual to capture or receive such an image. 3 26 c. A person shall not use an unmanned aerial vehicle 3 27 equipped with an instrument that is capable of doing any of the 3 28 following unless the unmanned aerial vehicle is used over the 3 29 real property owned by the person or the person has permission 3 30 from the owner or a tenant of the real property to use the 3 31 unmanned aerial vehicle over the real property: 3 32 (1) Emitting a peculiar sound or excessive noise. 3 33 (2) Spraying a liquid or gas. 3 34 (3) Dropping an object. 3 35 4. Accredited postsecondary institutions. An accredited 4 1 postsecondary institution, other than a special security 4 2 officer or a security agency employed by or otherwise connected 4 3 with the institution, may use an unmanned aerial vehicle to 4 4 capture or receive an image for research purposes, or to retain 4 5 or distribute such an image. 4 6 5. An unmanned aerial vehicle shall not be equipped with a 4 7 dangerous weapon. 4 8 6. This section does not apply to an operation, exercise, 4 9 or mission of any branch of the United States military, or the 4 10 Iowa national guard. 4 11 7. a. A person who violates this section commits an 4 12 aggravated misdemeanor. 4 13 b. A person who violates this section and causes serious 4 14 injury to another person commits a class "D" felony. 4 15 c. A person who violates this section and causes death to 4 16 another person commits a class "C" felony. 4 17 8. a. On June 30, 2018, and every June 30 thereafter, each 4 18 state agency and each political subdivision, if required to 4 19 do so by the supervising legislative body of the political 4 20 subdivision, that uses an unmanned aerial vehicle shall provide 4 21 the department of public safety with the following information: 4 22 (1) The number of instances in which an unmanned aerial 4 23 vehicle was used by the agency and the purpose of each use. 4 24 (2) The number of crime investigations aided by the use of 4 25 an unmanned aerial vehicle and a description of how the use of 4 26 an unmanned aerial vehicle aided each investigation. 4 27 (3) The number of instances an unmanned aerial vehicle was 4 28 used for purposes other than in a criminal investigation and a 4 29 description of how the use of the unmanned aerial vehicle aided 4 30 in that purpose. 4 31 (4) The annual cost of the unmanned aerial vehicle program 4 32 of the agency. 4 33 b. The department of public safety shall compile the 4 34 information provided by the agencies under this subsection and 4 35 present a report detailing the use of unmanned aerial vehicles 5 1 to the legislative standing committees on government oversight 5 2 by January 15, 2019, and every January 15 thereafter. 5 3 Sec. 4. Section 717A.1, Code 2017, is amended by adding the 5 4 following new subsections: 5 5 NEW SUBSECTION. 6A. "Control" includes the actions of a 5 6 person using an unmanned aerial vehicle. 5 7 NEW SUBSECTION. 10A. "Enter" includes the actions of a 5 8 person using an unmanned aerial vehicle. 5 9 NEW SUBSECTION. 14. "Unmanned aerial vehicle" means the 5 10 same as defined in section 708C.1. 5 11 EXPLANATION 5 12 The inclusion of this explanation does not constitute agreement with 5 13 the explanation's substance by the members of the general assembly. 5 14 This bill relates to the use of unmanned aerial vehicles by 5 15 governmental agencies and other persons. 5 16 The bill defines "unmanned aerial vehicle" to mean an 5 17 aircraft that is operated without the possibility of direct 5 18 human intervention from within or on the aircraft. 5 19 The bill defines "image" to mean any capturing of sound 5 20 waves, thermal, infrared, ultraviolet, visible light, or other 5 21 electromagnetic wave, odor, or other conditions existing on or 5 22 about real property in this state or a person located on that 5 23 property. 5 24 The bill prohibits a governmental agency from using an 5 25 unmanned aerial vehicle to capture an image or to receive or 5 26 disclose an image acquired through the use of an unmanned 5 27 aerial vehicle unless used under the following circumstances: 5 28 the use is in connection with a search warrant, the use is 5 29 related to the search for a criminal suspect, to provide 5 30 support to another tactical operation, or for crowd monitoring, 5 31 the use is based upon a reasonable belief that an emergency 5 32 exists that threatens the life or safety of a person, or the 5 33 use is on public property. 5 34 If a governmental agency uses an unmanned aerial vehicle 5 35 in an emergency, the bill requires the supervisory official 6 1 of such an agency to file a sworn statement with the court 6 2 detailing the grounds for using the unmanned aerial vehicle in 6 3 the emergency within 48 hours of its use. The bill specifies 6 4 that if the supervisory official fails to file the sworn 6 5 statement, the supervisory official is barred from future 6 6 involvement with the agency's use of unmanned aerial vehicles, 6 7 and the agency must seek approval from the applicable governing 6 8 body for any future use of an unmanned aerial vehicle. 6 9 The bill prohibits a governmental agency from archiving data 6 10 captured or received through the use of an unmanned aerial 6 11 vehicle unless the data is captured or received in connection 6 12 with a search warrant, or during an emergency, but only for 6 13 48 hours except upon entry of a court order requiring the 6 14 archiving of the data for more than 48 hours. 6 15 The bill requires that an unmanned aerial vehicle purchased 6 16 by a state agency be approved by the general assembly prior to 6 17 such an acquisition. The acquisition of an unmanned aerial 6 18 vehicle at the county, city, or local government level shall 6 19 be approved by the board of supervisors, city council, or 6 20 other supervisory legislative body that oversees the political 6 21 subdivision. 6 22 The bill prohibits a person from using an unmanned aerial 6 23 vehicle to capture an image of an individual or private 6 24 property with the intent to conduct surveillance, or to stalk, 6 25 follow, or intimidate another person. The bill allows a person 6 26 using an unmanned aerial vehicle to capture an image of an 6 27 individual if the individual is on public property or the 6 28 person has received permission from the individual to capture 6 29 or receive such an image. 6 30 The bill prohibits a person from using an unmanned aerial 6 31 vehicle equipped with an instrument that is capable of emitting 6 32 a peculiar sound or excessive noise, spraying a liquid or gas, 6 33 or dropping an object. The bill allows an unmanned aerial 6 34 vehicle to be equipped with such instruments if the person uses 6 35 the unmanned aerial vehicle over the real property owned by the 7 1 person or the person has permission from the owner or tenant of 7 2 the real property to use an unmanned aerial vehicle equipped 7 3 with such instruments. 7 4 The bill allows an accredited postsecondary institution, 7 5 other than a special security officer or security agency 7 6 employed by or otherwise connected with the institution, to use 7 7 an unmanned aerial vehicle to capture or receive an image for 7 8 research purposes, or to retain or distribute such an image. 7 9 The bill prohibits an unmanned aerial vehicle from being 7 10 equipped with a dangerous weapon. The bill defines "dangerous 7 11 weapon" to mean the same as defined in Code section 702.7, 7 12 but also includes an instrument or device designed to damage 7 13 property. 7 14 The bill does not apply to an operation, exercise, or mission 7 15 of any branch of the United States military, or the Iowa 7 16 national guard. 7 17 Under the bill, each state agency and each political 7 18 subdivision, if required to do so by the supervising 7 19 legislative body of the political subdivision, that uses an 7 20 unmanned aerial vehicle shall provide information related to 7 21 the use of the unmanned aerial vehicle to the department of 7 22 public safety by June 30, 2018, and every June 30 thereafter. 7 23 The bill also requires the department of public safety to 7 24 compile such information and file a report to the standing 7 25 committees on government oversight by January 15, 2019, and 7 26 every January 15 thereafter. 7 27 A person who violates the bill commits an aggravated 7 28 misdemeanor. If the violation causes serious injury the person 7 29 commits a class "D" felony, and if the violation causes death 7 30 the person commits a class "C" felony. 7 31 An aggravated misdemeanor is punishable by confinement for 7 32 no more than two years and a fine of at least $625 but not more 7 33 than $6,250. A class "D" felony is punishable by confinement 7 34 for no more than five years and a fine of at least $750 but 7 35 not more than $7,500. A class "C" felony is punishable by 8 1 confinement for no more than 10 years and a fine of at least 8 2 $1,000 but not more than $10,000. 8 3 In addition, the bill specifies that a "course of conduct" 8 4 without a legitimate purpose includes the use of an unmanned 8 5 aerial vehicle for purposes of proving the criminal offense of 8 6 stalking. 8 7 The bill also specifies that a person who knowingly assists 8 8 in providing an unmanned aerial vehicle to a person who commits 8 9 or attempts to commit terrorism is guilty of soliciting or 8 10 providing material support or resources for terrorism in 8 11 violation of Code section 708A.4. 8 12 The bill further provides, for purposes of violations 8 13 under Code chapter 717A (offenses relating to agricultural 8 14 production), a person "controls" or "enters" an animal facility 8 15 or a crop operation property if the actions of the person 8 16 include the use of an unmanned aerial vehicle. LSB 2007HV (1) 87 jm/nh
