Bill Text: MN SF2687 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Drones (unmanned aerial vehicles) law enforcement use regulation
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-03-17 - Referred to Judiciary [SF2687 Detail]
Download: Minnesota-2013-SF2687-Introduced.html
1.2relating to public safety; regulating the use of unmanned aerial vehicles by law
1.3enforcement;proposing coding for new law in Minnesota Statutes, chapter 626.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [626.19] USE OF UNMANNED AERIAL VEHICLES.
1.6 Subdivision 1. Definitions. (a) For the purposes of this section, the terms in this
1.7subdivision have the meanings given them.
1.8(b) "Adverse result" means:
1.9(1) endangering the life or physical safety of an individual;
1.10(2) flight from prosecution;
1.11(3) destruction of or tampering with evidence;
1.12(4) intimidation of potential witnesses; or
1.13(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
1.14(c) "Governmental entity" means any entity of the state executive, legislative,
1.15or judicial branches; the University of Minnesota; the Minnesota State Colleges and
1.16Universities; and local entities, including, but not limited to, a county; home rule, charter,
1.17or statutory city; town; school district; metropolitan or regional agency; public corporation;
1.18political subdivision; or special district as defined in section 6.465, subdivision 3.
1.19(d) "Unmanned aerial vehicle" or "UAV" means an aircraft that is operated without
1.20the possibility of direct human intervention from within or on the aircraft.
1.21 Subd. 2. Use of unmanned aerial vehicles limited. Except as provided in
1.22subdivision 3, a governmental entity may not operate an unmanned aerial vehicle without
1.23a search warrant issued pursuant to chapter 626.
2.1 Subd. 3. Exceptions. (a) A governmental entity may operate an unmanned aerial
2.2vehicle and disclose information collected from such operation in an emergency situation
2.3that involves an imminent threat to the life or safety of a person. A governmental entity
2.4that deploys a UAV pursuant to this paragraph must document the factual basis for the
2.5emergency on a form created for that purpose by the Bureau of Criminal Apprehension and
2.6submit a sworn statement with the district court setting forth the grounds for the emergency
2.7use not later than 48 hours after operation of an unmanned aerial vehicle commenced.
2.8(b) A governmental entity may operate an unmanned aerial vehicle to collect
2.9information from a public area if a court, upon motion, determines that there are specific
2.10and articulable facts demonstrating reasonable suspicion of criminal activity, that the
2.11operation of the public unmanned aircraft system will uncover such activity, and that
2.12alternative methods of data collection are either cost-prohibitive or present a significant
2.13risk to any person's bodily safety. Such an order shall not be issued for a period greater
2.14than 48 hours. Extensions of an order may be granted but shall be no longer than the
2.15authorizing judge deems necessary to achieve the purposes for which it was granted
2.16and in no event for longer than 30 days.
2.17 Subd. 4. Limitations on use. (a) A governmental entity operating a UAV must fully
2.18comply with all Federal Aviation Administration requirements and guidelines.
2.19(b) Acquisition of unmanned aerial vehicles must be approved by the governmental
2.20entity's legislative body.
2.21(c) A UAV shall be operated in a manner to collect data only on a clearly and
2.22narrowly defined target and to avoid data collection on individuals, homes, or areas other
2.23than the defined target.
2.24(d) A governmental entity may not deploy facial recognition or other biometric
2.25matching technology via a UAV unless expressly authorized to do so through a court order.
2.26(e) Unmanned aerial vehicles may not be equipped with weapons.
2.27 Subd. 5. Consensual disclosure of information. A governmental entity may
2.28disclose or receive information about any person acquired through the operation of an
2.29unmanned aerial vehicle if such person has given written consent to such disclosure.
2.30 Subd. 6. Data retention and classification. (a) No data collected on an individual,
2.31home, or area other than the subject identified in the warrant or order may be used, copied,
2.32or disclosed for any purpose except as provided in subdivision 5. The data must be deleted
2.33as soon as possible, and in no event later than 24 hours after collection.
2.34(b) Data collected pursuant to this section shall be classified as criminal investigative
2.35data under section 13.82, subdivision 7.
3.1 Subd. 7. Evidence. Information obtained or collected by a governmental entity in
3.2violation of this section is not admissible as evidence in a criminal prosecution in any
3.3court of law in this state.
3.4 Subd. 8. Notice. (a) Notice must be given to the subject of a search warrant or
3.5order issued under this section.
3.6(b) Unless delayed notice is ordered under paragraph (c), the governmental entity
3.7shall provide notice to the subject within three days of completing surveillance with a
3.8UAV. The notice must be made by service or delivered by registered or first-class mail,
3.9e-mail, or any other means reasonably calculated to be effective as specified by the court
3.10issuing the warrant. The notice must contain the following information:
3.11(1) the nature of the law enforcement inquiry, with reasonable specificity;
3.12(2) the time period that the subject was under surveillance by a UAV; and
3.13(3) whether the notification was delayed pursuant to paragraph (c) and, if so, the
3.14court that granted the delay and the reasons for granting the delay.
3.15(c) A governmental entity may include in the application for a warrant a request for
3.16an order to delay the notification required under this section for a period not to exceed
3.17ten days. The court shall issue the order if the court determines that there is reason to
3.18believe that notification may have an adverse result. Upon expiration of the period of
3.19delay granted under this subdivision and any extension granted under paragraph (d),
3.20the governmental entity shall provide the subject a copy of the warrant together with a
3.21notice pursuant to paragraph (b).
3.22(d) The court, upon application, may grant one or more extensions of orders granted
3.23under paragraph (c) for up to an additional ten days.
3.24 Subd. 9. Remedies for violation. An aggrieved party may initiate a civil action
3.25against a governmental entity to obtain all appropriate relief in order to prevent or remedy
3.26a violation of this section.
3.27 Subd. 10. Reporting. (a) In June of each year, each governmental entity that uses
3.28unmanned aerial vehicles shall report to the legislature and make public on its Web site:
3.29(1) the number of times an unmanned aerial vehicle was used, organized by the types
3.30of incidents and the types of justification for deployment;
3.31(2) the number of criminal investigations aided by the use of unmanned aerial
3.32vehicles, including a description of how the unmanned aerial vehicle was helpful to each
3.33investigation;
3.34(3) the number of uses of unmanned aerial vehicles for reasons other than criminal
3.35investigations, including a description of how the unmanned aerial vehicle was helpful in
3.36each instance;
4.1(4) the frequency and type of data collected on individuals or areas other than
4.2targets; and
4.3(5) the total cost of the entity's unmanned aerial vehicle program.
4.4(b) In January of each year, any judge who has issued a warrant or order under this
4.5section that expired during the preceding year, or who has denied approval during that
4.6year, shall report to the State Court Administrator:
4.7(1) the fact that an order or extension was applied for;
4.8(2) the kind of order or extension applied for;
4.9(3) the fact that the order or extension was granted as applied for, was modified,
4.10or was denied;
4.11(4) the period of unmanned aerial vehicle use authorized by the order, and the
4.12number and duration of any extensions of the order;
4.13(5) the offense specified in the order or application, or extension of an order; and
4.14(6) the identity of the applying governmental entity making the application and the
4.15person authorizing the application.
4.16(c) In June of each year, the State Court Administrator shall transmit to the
4.17legislature and post on the Supreme Court's Web site a full and complete report concerning
4.18the number of applications for orders authorizing or approving operation of unmanned
4.19aerial vehicles or disclosure of information from the operation of unmanned aerial vehicles
4.20pursuant to this section and the number of orders and extensions granted or denied pursuant
4.21to this section during the preceding calendar year. The report shall include a summary and
4.22analysis of the data required to be filed with the State Court Administrator by paragraph (b).
1.3enforcement;proposing coding for new law in Minnesota Statutes, chapter 626.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [626.19] USE OF UNMANNED AERIAL VEHICLES.
1.6 Subdivision 1. Definitions. (a) For the purposes of this section, the terms in this
1.7subdivision have the meanings given them.
1.8(b) "Adverse result" means:
1.9(1) endangering the life or physical safety of an individual;
1.10(2) flight from prosecution;
1.11(3) destruction of or tampering with evidence;
1.12(4) intimidation of potential witnesses; or
1.13(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
1.14(c) "Governmental entity" means any entity of the state executive, legislative,
1.15or judicial branches; the University of Minnesota; the Minnesota State Colleges and
1.16Universities; and local entities, including, but not limited to, a county; home rule, charter,
1.17or statutory city; town; school district; metropolitan or regional agency; public corporation;
1.18political subdivision; or special district as defined in section 6.465, subdivision 3.
1.19(d) "Unmanned aerial vehicle" or "UAV" means an aircraft that is operated without
1.20the possibility of direct human intervention from within or on the aircraft.
1.21 Subd. 2. Use of unmanned aerial vehicles limited. Except as provided in
1.22subdivision 3, a governmental entity may not operate an unmanned aerial vehicle without
1.23a search warrant issued pursuant to chapter 626.
2.1 Subd. 3. Exceptions. (a) A governmental entity may operate an unmanned aerial
2.2vehicle and disclose information collected from such operation in an emergency situation
2.3that involves an imminent threat to the life or safety of a person. A governmental entity
2.4that deploys a UAV pursuant to this paragraph must document the factual basis for the
2.5emergency on a form created for that purpose by the Bureau of Criminal Apprehension and
2.6submit a sworn statement with the district court setting forth the grounds for the emergency
2.7use not later than 48 hours after operation of an unmanned aerial vehicle commenced.
2.8(b) A governmental entity may operate an unmanned aerial vehicle to collect
2.9information from a public area if a court, upon motion, determines that there are specific
2.10and articulable facts demonstrating reasonable suspicion of criminal activity, that the
2.11operation of the public unmanned aircraft system will uncover such activity, and that
2.12alternative methods of data collection are either cost-prohibitive or present a significant
2.13risk to any person's bodily safety. Such an order shall not be issued for a period greater
2.14than 48 hours. Extensions of an order may be granted but shall be no longer than the
2.15authorizing judge deems necessary to achieve the purposes for which it was granted
2.16and in no event for longer than 30 days.
2.17 Subd. 4. Limitations on use. (a) A governmental entity operating a UAV must fully
2.18comply with all Federal Aviation Administration requirements and guidelines.
2.19(b) Acquisition of unmanned aerial vehicles must be approved by the governmental
2.20entity's legislative body.
2.21(c) A UAV shall be operated in a manner to collect data only on a clearly and
2.22narrowly defined target and to avoid data collection on individuals, homes, or areas other
2.23than the defined target.
2.24(d) A governmental entity may not deploy facial recognition or other biometric
2.25matching technology via a UAV unless expressly authorized to do so through a court order.
2.26(e) Unmanned aerial vehicles may not be equipped with weapons.
2.27 Subd. 5. Consensual disclosure of information. A governmental entity may
2.28disclose or receive information about any person acquired through the operation of an
2.29unmanned aerial vehicle if such person has given written consent to such disclosure.
2.30 Subd. 6. Data retention and classification. (a) No data collected on an individual,
2.31home, or area other than the subject identified in the warrant or order may be used, copied,
2.32or disclosed for any purpose except as provided in subdivision 5. The data must be deleted
2.33as soon as possible, and in no event later than 24 hours after collection.
2.34(b) Data collected pursuant to this section shall be classified as criminal investigative
2.35data under section 13.82, subdivision 7.
3.1 Subd. 7. Evidence. Information obtained or collected by a governmental entity in
3.2violation of this section is not admissible as evidence in a criminal prosecution in any
3.3court of law in this state.
3.4 Subd. 8. Notice. (a) Notice must be given to the subject of a search warrant or
3.5order issued under this section.
3.6(b) Unless delayed notice is ordered under paragraph (c), the governmental entity
3.7shall provide notice to the subject within three days of completing surveillance with a
3.8UAV. The notice must be made by service or delivered by registered or first-class mail,
3.9e-mail, or any other means reasonably calculated to be effective as specified by the court
3.10issuing the warrant. The notice must contain the following information:
3.11(1) the nature of the law enforcement inquiry, with reasonable specificity;
3.12(2) the time period that the subject was under surveillance by a UAV; and
3.13(3) whether the notification was delayed pursuant to paragraph (c) and, if so, the
3.14court that granted the delay and the reasons for granting the delay.
3.15(c) A governmental entity may include in the application for a warrant a request for
3.16an order to delay the notification required under this section for a period not to exceed
3.17ten days. The court shall issue the order if the court determines that there is reason to
3.18believe that notification may have an adverse result. Upon expiration of the period of
3.19delay granted under this subdivision and any extension granted under paragraph (d),
3.20the governmental entity shall provide the subject a copy of the warrant together with a
3.21notice pursuant to paragraph (b).
3.22(d) The court, upon application, may grant one or more extensions of orders granted
3.23under paragraph (c) for up to an additional ten days.
3.24 Subd. 9. Remedies for violation. An aggrieved party may initiate a civil action
3.25against a governmental entity to obtain all appropriate relief in order to prevent or remedy
3.26a violation of this section.
3.27 Subd. 10. Reporting. (a) In June of each year, each governmental entity that uses
3.28unmanned aerial vehicles shall report to the legislature and make public on its Web site:
3.29(1) the number of times an unmanned aerial vehicle was used, organized by the types
3.30of incidents and the types of justification for deployment;
3.31(2) the number of criminal investigations aided by the use of unmanned aerial
3.32vehicles, including a description of how the unmanned aerial vehicle was helpful to each
3.33investigation;
3.34(3) the number of uses of unmanned aerial vehicles for reasons other than criminal
3.35investigations, including a description of how the unmanned aerial vehicle was helpful in
3.36each instance;
4.1(4) the frequency and type of data collected on individuals or areas other than
4.2targets; and
4.3(5) the total cost of the entity's unmanned aerial vehicle program.
4.4(b) In January of each year, any judge who has issued a warrant or order under this
4.5section that expired during the preceding year, or who has denied approval during that
4.6year, shall report to the State Court Administrator:
4.7(1) the fact that an order or extension was applied for;
4.8(2) the kind of order or extension applied for;
4.9(3) the fact that the order or extension was granted as applied for, was modified,
4.10or was denied;
4.11(4) the period of unmanned aerial vehicle use authorized by the order, and the
4.12number and duration of any extensions of the order;
4.13(5) the offense specified in the order or application, or extension of an order; and
4.14(6) the identity of the applying governmental entity making the application and the
4.15person authorizing the application.
4.16(c) In June of each year, the State Court Administrator shall transmit to the
4.17legislature and post on the Supreme Court's Web site a full and complete report concerning
4.18the number of applications for orders authorizing or approving operation of unmanned
4.19aerial vehicles or disclosure of information from the operation of unmanned aerial vehicles
4.20pursuant to this section and the number of orders and extensions granted or denied pursuant
4.21to this section during the preceding calendar year. The report shall include a summary and
4.22analysis of the data required to be filed with the State Court Administrator by paragraph (b).
