SF 2157 (LSB 5715XS (3) 85)

SENATE FILE 2157

BY  SCHNEIDER

A BILL FOR

An Act regulating the use of drones and unmanned aircraft, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  801C.1  Definitions.

   As used in this chapter unless the context otherwise requires:

   1.  “Drone” means any powered aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and can carry a lethal or nonlethal payload.
   2.  “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
    Sec. 2.  NEW SECTION.  801C.2  Restrictions on gathering evidence.
   1.  A person, as defined in section 4.1, shall not use a drone or other unmanned aircraft to gather evidence or other information pertaining to criminal conduct, or conduct in violation of a statute, ordinance, regulation, or rule, except to the extent authorized by a warrant.
   2.  A person, entity, or state agency shall not use a drone or other unmanned aircraft to conduct surveillance of any person, property owned by any other person, or a farm or agricultural operation without the consent of the other person, property owner, or farm or agricultural operation owner.
    Sec. 3.  NEW SECTION.  801C.3  Exigent circumstances.

   Notwithstanding section 801C.2, a law enforcement agency may use a drone or other unmanned aircraft when exigent circumstances exist. For the purposes of this section, exigent circumstances exist if a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action to prevent imminent danger to life is necessary.
    Sec. 4.  NEW SECTION.  801C.4  Remedies.
   1.  In a civil action an aggrieved party may obtain all appropriate relief to prevent or remedy a violation of this chapter.
   2.  Any information obtained or collected in violation of this chapter shall not be admissible as evidence in a criminal, civil, or administrative proceeding.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill regulates the use of drones and unmanned aircraft.
   The bill defines “drone” to mean any powered unmanned aircraft that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and can carry a lethal or nonlethal payload. The bill defines “unmanned aircraft” to mean an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
   The bill specifies that a person, as defined in Code section 4.1, shall not use a drone or other unmanned aircraft to gather evidence or other information pertaining to criminal conduct, or other conduct that violates the law, except to the extent authorized by a warrant.
   The bill further specifies that a person, entity, or state agency shall not use a drone or other unmanned aircraft to conduct surveillance of another, property owned by another, or a farm or agricultural operation without the consent of the other person, property owner, or farm or agricultural operation owner.
   A law enforcement agency may use a drone or other unmanned aircraft when exigent circumstances exist. Under the bill, exigent circumstances exist if a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action to prevent imminent danger to life is necessary.
   The bill provides that any aggrieved party may obtain all appropriate relief to prevent or remedy a violation of the bill through a civil action.
   The bill also specifies that any information obtained or collected in violation of the bill shall not be admissible as evidence in a criminal, civil, or administrative proceeding.