H.F. 2289 Section 1. Section 708.11, subsection 1, paragraph b, Code 1 2014, is amended to read as follows: 2 b. “Course of conduct” means repeatedly maintaining a visual 3 or physical proximity to a person without legitimate purpose or 4 repeatedly conveying oral or written threats, threats implied 5 by conduct, or a combination thereof, directed at or toward a 6 person. “Course of conduct” includes the use of an unmanned 7 aerial vehicle, as defined in section 708C.1, to maintain 8 visual or physical proximity to a person as provided in this 9 paragraph. 10 Sec. 2. Section 708A.1, subsection 1, Code 2014, is amended 11 to read as follows: 12 1. “Material support or resources” means knowingly assisting 13 or providing money, financial securities, financial services, 14 lodging, training, safe houses, false documentation or 15 identification, communication equipment, facilities, weapons, 16 lethal substances, explosives, personnel, transportation, 17 unmanned aerial vehicles, and other physical assets, except 18 medicine or religious materials, for the purpose of assisting a 19 person in the commission of an act of terrorism. 20 Sec. 3. NEW SECTION . 708C.1 Use of unmanned aerial vehicle 21 —— exceptions —— penalty. 22 1. As used in this section, unless the context otherwise 23 requires: 24 a. “Agency” means a state agency or political subdivision of 25 this state or any person acting on behalf of a state agency or 26 political subdivision. 27 b. “Dangerous weapon” includes an instrument or device 28 designed for causing damage to property. 29 c. “Image” means any capturing of sound waves, thermal, 30 infrared, ultraviolet, visible light, or other electromagnetic 31 wave, odor, or other conditions existing on or about real 32 property in this state or a person located on that property. 33 d. “Unmanned aerial vehicle” means an aircraft that is 34 operated without the possibility of direct human intervention 35 -1- LSB 2438HV (3) 85 jm/nh 1/ 7

H.F. 2289 from within or on the aircraft. 1 2. Agencies. 2 a. Except as provided in this paragraph, an agency shall 3 not use an unmanned aerial vehicle to capture an image or to 4 receive or disclose an image acquired through the use of an 5 unmanned aerial vehicle. 6 (1) An agency may use an unmanned aerial vehicle to capture 7 an image or to receive or disclose an image acquired through 8 the use of an unmanned aerial vehicle in connection with a 9 search warrant that has been issued under the conditions of 10 section 808.2 authorizing the use on private property. 11 (2) An agency may use an unmanned aerial vehicle without 12 preserving any images under the following circumstances: 13 (a) When searching for a suspect who committed a crime. 14 (b) When supporting the tactical operation of another 15 agency. 16 (c) For crowd monitoring at events. 17 (3) (a) An agency may use an unmanned aerial vehicle 18 if an emergency exists based on a reasonable belief that an 19 imminent threat exists to the life or safety of a person and 20 within forty-eight hours of the emergency use a supervisory 21 official of the agency files a sworn statement with the court 22 detailing the grounds for using the unmanned aerial vehicle in 23 the emergency. 24 (b) If the supervisory official fails to file the sworn 25 statement as required by this subparagraph, the supervisory 26 official shall be removed from any future involvement with the 27 agency’s use of an unmanned aerial vehicle, and the agency 28 shall be required to obtain approval from the applicable 29 supervisory body under paragraph “c” prior to any future use of 30 an unmanned aerial vehicle by the agency. 31 (4) An agency may use an unmanned aerial vehicle on public 32 property. 33 b. An agency shall not archive data captured or received 34 through the use of an unmanned aerial vehicle unless the data 35 -2- LSB 2438HV (3) 85 jm/nh 2/ 7

H.F. 2289 was captured or received during an operation in conjunction 1 with a search warrant or during the existence of an emergency 2 under paragraph “a” , subparagraph (3), but only for forty-eight 3 hours except upon entry of a court order requiring the 4 archiving of the data for more than forty-eight hours. 5 c. The acquisition of an unmanned aerial vehicle by a 6 state agency shall be approved by the general assembly prior 7 to such an acquisition. The acquisition of an unmanned aerial 8 vehicle at the county, city, or local government level shall be 9 approved by the county board of supervisors, city council, or 10 other supervisory legislative body that oversees the political 11 subdivision. 12 d. An agency shall adopt best practices to ensure that 13 unauthorized access to an unmanned aerial vehicle or images 14 captured or received by the unmanned aerial vehicle does not 15 occur. 16 3. Persons. 17 a. A person shall not use an unmanned aerial vehicle to 18 capture an image of an individual or private property with 19 the intent to conduct surveillance, or to stalk, follow, or 20 intimidate another person. 21 b. A person may use an unmanned aerial vehicle to capture or 22 receive an image of an individual if the person has received 23 permission from the individual to capture or receive such an 24 image. 25 4. A person shall not use an unmanned aerial vehicle 26 equipped with any of the following unless the unmanned vehicle 27 is used over the real property owned by the person or the 28 person has permission from the owner or a tenant of the real 29 property to use the unmanned vehicle over the real property: 30 a. Emitting a peculiar sound or excessive noise. 31 b. Spraying a liquid or gas. 32 c. Dropping an object. 33 5. An unmanned aerial vehicle shall not be equipped with a 34 dangerous weapon. 35 -3- LSB 2438HV (3) 85 jm/nh 3/ 7

H.F. 2289 6. This section does not apply to an operation, exercise, 1 or mission of any branch of the United States military, or the 2 Iowa national guard. 3 7. a. A person who violates the section commits an 4 aggravated misdemeanor. 5 b. A person who violates this section and causes serious 6 injury to another commits a class “D” felony. 7 c. A person who violates this section and causes death to 8 another commits a class “C” felony. 9 8. a. On June 30, 2015, and every June 30 thereafter, 10 each agency using an unmanned aerial vehicle shall provide the 11 department of public safety with the following information: 12 (1) The number of instances an unmanned aerial vehicle was 13 used by the agency and the purpose of each use. 14 (2) The number of crime investigations aided by the use of 15 an unmanned aerial vehicle and a description of how the use of 16 an unmanned aerial vehicle aided each investigation. 17 (3) The number of instances an unmanned aerial vehicle was 18 used for purposes other than in a criminal investigation and a 19 description of how the use of the unmanned aerial vehicle aided 20 in that purpose. 21 (4) The annual cost of the unmanned aerial vehicle program 22 of the agency. 23 b. The department of public safety shall compile the 24 information provided by the agencies under this subsection and 25 present a report detailing the use of unmanned aerial vehicles 26 to the standing committees on government oversight by January 27 15, 2016, and every January 15 thereafter. 28 Sec. 4. Section 717A.1, Code 2014, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 6A. “Control” includes the actions of a 31 person using an unmanned aerial vehicle. 32 NEW SUBSECTION . 10A. “Enter” includes the actions of a 33 person using an unmanned aerial vehicle. 34 NEW SUBSECTION . 14. “Unmanned aerial vehicle” means the 35 -4- LSB 2438HV (3) 85 jm/nh 4/ 7

H.F. 2289 same as defined in section 708C.1. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to the use of unmanned aerial vehicles by 5 governmental agencies and other persons. 6 The bill defines “unmanned aerial vehicle” to mean an 7 aircraft that is operated without the possibility of direct 8 human intervention from within or on the aircraft. 9 The bill defines “image” to mean any capturing of sound 10 waves, thermal, infrared, ultraviolet, visible light, or other 11 electromagnetic wave, odor, or other conditions existing on or 12 about real property in this state or a person located on that 13 property. 14 The bill prohibits a governmental agency from using an 15 unmanned aerial vehicle to capture an image or to receive or 16 disclose an image acquired through the use of an unmanned 17 aerial vehicle unless used under the following circumstances: 18 the use is in connection with a search warrant, the use is 19 related to the search for a criminal suspect, to provide 20 support to another tactical operation, or for crowd monitoring, 21 the use is based upon a reasonable belief that an emergency 22 exists that threatens the life or safety of a person, or the 23 use is on public property. 24 If a governmental agency uses an unmanned aerial vehicle 25 in an emergency, the bill requires the supervisory official 26 of such an agency to file a sworn statement with the court 27 detailing the grounds for using the unmanned aerial vehicle in 28 the emergency within 48 hours of its use. The bill specifies 29 that if the supervisory official fails to file the sworn 30 statement, the supervisory official is barred from future 31 involvement with the agency’s use of unmanned aerial vehicles, 32 and the agency must seek approval from the applicable governing 33 body for any future use of an unmanned aerial vehicle. 34 The bill prohibits a governmental agency from archiving data 35 -5- LSB 2438HV (3) 85 jm/nh 5/ 7

H.F. 2289 captured or received through the use of an unmanned aerial 1 vehicle unless the data is captured or received in connection 2 with a search warrant, or during an emergency, but only for 3 48 hours except upon entry of a court order requiring the 4 archiving of the data for more than 48 hours. 5 The bill requires that an unmanned aerial vehicle purchased 6 by a state agency be approved by the general assembly prior to 7 such an acquisition. The acquisition of an unmanned aerial 8 vehicle at the county, city, or local government level shall 9 be approved by the board of supervisors, city council, or 10 other supervisory legislative body that oversees the political 11 subdivision. 12 The bill prohibits a person from using an unmanned aerial 13 vehicle to capture an image of an individual or private 14 property with the intent to conduct surveillance, or to stalk, 15 follow, or intimidate another person. The bill allows a person 16 using an unmanned aerial vehicle to capture an image of an 17 individual if the person has received permission from the 18 individual to capture or receive such an image. 19 The bill prohibits a person from using an unmanned aerial 20 vehicle equipped with an instrument that is capable of emitting 21 a peculiar sound or excessive noise, spraying a liquid or gas, 22 or dropping an object. The bill allows an unmanned aerial 23 vehicle to be equipped with such instruments if the person uses 24 the unmanned aerial vehicle over the real property owned by the 25 person or the person has permission from the owner or tenant of 26 the real property to use an unmanned aerial vehicle equipped 27 with such instruments. 28 The bill prohibits an unmanned aerial vehicle from being 29 equipped with a dangerous weapon. The bill defines “dangerous 30 weapon” to mean the same as defined in Code section 702.7 31 but also includes an instrument or device designed to damage 32 property. 33 The bill does not apply to an operation, exercise, or mission 34 of any branch of the United States military, or the Iowa 35 -6- LSB 2438HV (3) 85 jm/nh 6/ 7

H.F. 2289 national guard. 1 The bill requires a governmental agency using an unmanned 2 aerial vehicle to provide information related to the use of 3 the unmanned aerial vehicle to the department of public safety 4 by June 30, 2015, and every June 30 thereafter. The bill 5 also requires the department of public safety to compile such 6 information and file a report to the standing committees on 7 government oversight by January 15, 2016, and every January 15 8 thereafter. 9 A person who violates the bill commits an aggravated 10 misdemeanor. If the violation causes serious injury the person 11 commits a class “D” felony, and if the violation causes death 12 the person commits a class “C” felony. 13 An aggravated misdemeanor is punishable by confinement for 14 no more than two years and a fine of at least $625 but not more 15 than $6,250. A class “D” felony is punishable by confinement 16 for no more than five years and a fine of at least $750 but 17 not more than $7,500. A class “C” felony is punishable by 18 confinement for no more than 10 years and a fine of at least 19 $1,000 but not more than $10,000. 20 In addition, the bill specifies that a “course of conduct” 21 without a legitimate purpose includes the use of an unmanned 22 aerial vehicle for purposes of proving the criminal offense of 23 stalking. 24 The bill also specifies that a person who knowingly assists 25 in providing an unmanned aerial vehicle to a person who commits 26 or attempts to commit terrorism is guilty of soliciting or 27 providing material support or resources for terrorism in 28 violation of Code section 708A.4. 29 The bill further provides for purposes of violations 30 under Code chapter 717A (offenses relating to agricultural 31 production), a person “controls” or “enters” an animal facility 32 or a crop operation property if the actions of the person 33 include the use of an unmanned aerial vehicle. 34 -7- LSB 2438HV (3) 85 jm/nh 7/ 7