HF 2289 (LSB 2438HV (3) 85)

HOUSE FILE 2289

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 427)

A BILL FOR

An Act relating to the use of unmanned aerial vehicles, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.11, subsection 1, paragraph b, Code 2014, is amended to read as follows:
   b.  “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.  “Course of conduct” includes the use of an unmanned aerial vehicle, as defined in section 708C.1, to maintain visual or physical proximity to a person as provided in this paragraph.
    Sec. 2.  Section 708A.1, subsection 1, Code 2014, is amended to read as follows:
   1.  “Material support or resources” means knowingly assisting or providing money, financial securities, financial services, lodging, training, safe houses, false documentation or identification, communication equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, unmanned aerial vehicles, and other physical assets, except medicine or religious materials, for the purpose of assisting a person in the commission of an act of terrorism.
    Sec. 3.  NEW SECTION.  708C.1  Use of unmanned aerial vehicle —— exceptions —— penalty.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Agency” means a state agency or political subdivision of this state or any person acting on behalf of a state agency or political subdivision.
   b.  “Dangerous weapon” includes an instrument or device designed for causing damage to property.
   c.  “Image” means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic wave, odor, or other conditions existing on or about real property in this state or a person located on that property.
   d.  “Unmanned aerial vehicle” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
   2.  Agencies.
   a.  Except as provided in this paragraph, an agency shall not use an unmanned aerial vehicle to capture an image or to receive or disclose an image acquired through the use of an unmanned aerial vehicle.
   (1)  An agency may use an unmanned aerial vehicle to capture an image or to receive or disclose an image acquired through the use of an unmanned aerial vehicle in connection with a search warrant that has been issued under the conditions of section 808.2 authorizing the use on private property.
   (2)  An agency may use an unmanned aerial vehicle without preserving any images under the following circumstances:
   (a)  When searching for a suspect who committed a crime.
   (b)  When supporting the tactical operation of another agency.
   (c)  For crowd monitoring at events.
   (3)  (a)  An agency may use an unmanned aerial vehicle if an emergency exists based on a reasonable belief that an imminent threat exists to the life or safety of a person and within forty-eight hours of the emergency use a supervisory official of the agency files a sworn statement with the court detailing the grounds for using the unmanned aerial vehicle in the emergency.
   (b)  If the supervisory official fails to file the sworn statement as required by this subparagraph, the supervisory official shall be removed from any future involvement with the agency’s use of an unmanned aerial vehicle, and the agency shall be required to obtain approval from the applicable supervisory body under paragraph “c” prior to any future use of an unmanned aerial vehicle by the agency.
   (4)  An agency may use an unmanned aerial vehicle on public property.
   b.  An agency shall not archive data captured or received through the use of an unmanned aerial vehicle unless the data was captured or received during an operation in conjunction with a search warrant or during the existence of an emergency under paragraph “a”, subparagraph (3), but only for forty-eight hours except upon entry of a court order requiring the archiving of the data for more than forty-eight hours.
   c.  The acquisition of an unmanned aerial vehicle by a state agency shall be approved by the general assembly prior to such an acquisition. The acquisition of an unmanned aerial vehicle at the county, city, or local government level shall be approved by the county board of supervisors, city council, or other supervisory legislative body that oversees the political subdivision.
   d.  An agency shall adopt best practices to ensure that unauthorized access to an unmanned aerial vehicle or images captured or received by the unmanned aerial vehicle does not occur.
   3.  Persons.
   a.  A person shall not use an unmanned aerial vehicle to capture an image of an individual or private property with the intent to conduct surveillance, or to stalk, follow, or intimidate another person.
   b.  A person may use an unmanned aerial vehicle to capture or receive an image of an individual if the person has received permission from the individual to capture or receive such an image.
   4.  A person shall not use an unmanned aerial vehicle equipped with any of the following unless the unmanned vehicle is used over the real property owned by the person or the person has permission from the owner or a tenant of the real property to use the unmanned vehicle over the real property:
   a.  Emitting a peculiar sound or excessive noise.
   b.  Spraying a liquid or gas.
   c.  Dropping an object.
   5.  An unmanned aerial vehicle shall not be equipped with a dangerous weapon.
   6.  This section does not apply to an operation, exercise, or mission of any branch of the United States military, or the Iowa national guard.
   7.  a.  A person who violates the section commits an aggravated misdemeanor.
   b.  A person who violates this section and causes serious injury to another commits a class “D” felony.
   c.  A person who violates this section and causes death to another commits a class “C” felony.
   8.  a.  On June 30, 2015, and every June 30 thereafter, each agency using an unmanned aerial vehicle shall provide the department of public safety with the following information:
   (1)  The number of instances an unmanned aerial vehicle was used by the agency and the purpose of each use.
   (2)  The number of crime investigations aided by the use of an unmanned aerial vehicle and a description of how the use of an unmanned aerial vehicle aided each investigation.
   (3)  The number of instances an unmanned aerial vehicle was used for purposes other than in a criminal investigation and a description of how the use of the unmanned aerial vehicle aided in that purpose.
   (4)  The annual cost of the unmanned aerial vehicle program of the agency.
   b.  The department of public safety shall compile the information provided by the agencies under this subsection and present a report detailing the use of unmanned aerial vehicles to the standing committees on government oversight by January 15, 2016, and every January 15 thereafter.
    Sec. 4.  Section 717A.1, Code 2014, is amended by adding the following new subsections:
   NEW SUBSECTION.  6A.  “Control” includes the actions of a person using an unmanned aerial vehicle.
   NEW SUBSECTION.  10A.  “Enter” includes the actions of a person using an unmanned aerial vehicle.
   NEW SUBSECTION.  14.  “Unmanned aerial vehicle” means the same as defined in section 708C.1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the use of unmanned aerial vehicles by governmental agencies and other persons.
   The bill defines “unmanned aerial vehicle” to mean an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
   The bill defines “image” to mean any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic wave, odor, or other conditions existing on or about real property in this state or a person located on that property.
   The bill prohibits a governmental agency from using an unmanned aerial vehicle to capture an image or to receive or disclose an image acquired through the use of an unmanned aerial vehicle unless used under the following circumstances: the use is in connection with a search warrant, the use is related to the search for a criminal suspect, to provide support to another tactical operation, or for crowd monitoring, the use is based upon a reasonable belief that an emergency exists that threatens the life or safety of a person, or the use is on public property.
   If a governmental agency uses an unmanned aerial vehicle in an emergency, the bill requires the supervisory official of such an agency to file a sworn statement with the court detailing the grounds for using the unmanned aerial vehicle in the emergency within 48 hours of its use. The bill specifies that if the supervisory official fails to file the sworn statement, the supervisory official is barred from future involvement with the agency’s use of unmanned aerial vehicles, and the agency must seek approval from the applicable governing body for any future use of an unmanned aerial vehicle. 
   The bill prohibits a governmental agency from archiving data captured or received through the use of an unmanned aerial vehicle unless the data is captured or received in connection with a search warrant, or during an emergency, but only for 48 hours except upon entry of a court order requiring the archiving of the data for more than 48 hours.
   The bill requires that an unmanned aerial vehicle purchased by a state agency be approved by the general assembly prior to such an acquisition. The acquisition of an unmanned aerial vehicle at the county, city, or local government level shall be approved by the board of supervisors, city council, or other supervisory legislative body that oversees the political subdivision. 
   The bill prohibits a person from using an unmanned aerial vehicle to capture an image of an individual or private property with the intent to conduct surveillance, or to stalk, follow, or intimidate another person. The bill allows a person using an unmanned aerial vehicle to capture an image of an individual if the person has received permission from the individual to capture or receive such an image.
   The bill prohibits a person from using an unmanned aerial vehicle equipped with an instrument that is capable of emitting a peculiar sound or excessive noise, spraying a liquid or gas, or dropping an object. The bill allows an unmanned aerial vehicle to be equipped with such instruments if the person uses the unmanned aerial vehicle over the real property owned by the person or the person has permission from the owner or tenant of the real property to use an unmanned aerial vehicle equipped with such instruments. 
   The bill prohibits an unmanned aerial vehicle from being equipped with a dangerous weapon. The bill defines “dangerous weapon” to mean the same as defined in Code section 702.7 but also includes an instrument or device designed to damage property. 
   The bill does not apply to an operation, exercise, or mission of any branch of the United States military, or the Iowa national guard. 
   The bill requires a governmental agency using an unmanned aerial vehicle to provide information related to the use of the unmanned aerial vehicle to the department of public safety by June 30, 2015, and every June 30 thereafter. The bill also requires the department of public safety to compile such information and file a report to the standing committees on government oversight by January 15, 2016, and every January 15 thereafter. 
   A person who violates the bill commits an aggravated misdemeanor. If the violation causes serious injury the person commits a class “D” felony, and if the violation causes death the person commits a class “C” felony.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
   In addition, the bill specifies that a “course of conduct” without a legitimate purpose includes the use of an unmanned aerial vehicle for purposes of proving the criminal offense of stalking. 
   The bill also specifies that a person who knowingly assists in providing an unmanned aerial vehicle to a person who commits or attempts to commit terrorism is guilty of soliciting or providing material support or resources for terrorism in violation of Code section 708A.4.
   The bill further provides for purposes of violations under Code chapter 717A (offenses relating to agricultural production), a person “controls” or “enters” an animal facility or a crop operation property if the actions of the person include the use of an unmanned aerial vehicle.