House
File
427
-
Introduced
HOUSE
FILE
427
BY
SCHULTZ
A
BILL
FOR
An
Act
relating
to
the
use
of
drones,
and
providing
penalties.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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427
Section
1.
NEW
SECTION
.
80C.1
Use
of
drones
by
law
1
enforcement
agency
prohibited
——
exceptions
——
remedy.
2
1.
As
used
in
this
section,
a
“drone”
means
an
expendable
or
3
retrievable
powered
aerial
vehicle
that
does
not
carry
a
human
4
operator,
uses
aerodynamic
forces
to
provide
lift,
and
can
fly
5
autonomously
or
be
piloted
remotely.
6
2.
A
law
enforcement
agency
shall
not
use
a
drone
to
gather
7
evidence
or
other
information.
8
3.
Notwithstanding
subsection
2,
a
drone
may
be
used
9
by
a
law
enforcement
agency
under
any
of
the
following
10
circumstances:
11
a.
The
United
States
secretary
of
homeland
security
has
12
determined
that
credible
intelligence
exists
indicating
a
13
terrorist
attack
by
a
specific
individual
or
organization
is
at
14
a
high
risk
of
occurring.
15
b.
A
search
warrant
is
obtained
authorizing
the
use
of
a
16
drone.
17
c.
A
reasonable
suspicion
exists
that
rapid
action
is
18
required
to
save
a
person,
prevent
serious
damage
to
property,
19
prevent
the
imminent
escape
of
a
suspect,
or
prevent
the
20
destruction
of
evidence.
21
4.
An
aggrieved
party
may
initiate
a
civil
action
against
22
a
law
enforcement
agency
in
a
court
of
competent
jurisdiction
23
in
order
to
obtain
appropriate
relief
to
prevent
or
remedy
a
24
violation
of
this
section.
25
5.
Evidence
obtained
or
collected
in
violation
of
this
26
section
shall
not
be
admissible
as
evidence
in
a
criminal
27
prosecution
in
any
court
in
this
state.
28
EXPLANATION
29
This
bill
relates
to
the
use
of
drones.
Under
the
bill,
a
30
law
enforcement
agency
shall
not
use
a
drone
to
gather
evidence
31
or
other
information.
32
The
bill
provides
that
a
drone
may
be
used
by
a
law
33
enforcement
agency
under
the
following
circumstances:
the
34
United
States
secretary
of
homeland
security
has
determined
35
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427
that
credible
intelligence
exists
indicating
a
terrorist
attack
1
is
at
a
high
risk
of
occurring;
a
search
warrant
is
obtained
2
authorizing
the
use
of
a
drone;
or
reasonable
suspicion
exists
3
that
rapid
action
is
required
to
save
a
person,
prevent
serious
4
damage
to
property,
prevent
the
imminent
escape
of
a
suspect,
5
or
prevent
the
destruction
of
evidence.
6
An
aggrieved
party
may
initiate
a
civil
action
against
a
7
law
enforcement
agency
in
a
court
of
competent
jurisdiction
8
in
order
to
obtain
appropriate
relief
to
prevent
or
remedy
a
9
violation
of
the
bill.
10
The
bill
also
specifies
that
evidence
obtained
or
collected
11
in
violation
of
the
bill
shall
not
be
admissible
as
evidence
in
12
a
criminal
prosecution
in
any
court
in
this
state.
13
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