Senate File 2314 - Introduced SENATE FILE 2314 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2157) A BILL FOR An Act regulating the use of drones and unmanned aircraft, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5715SV (2) 85 jm/rj

S.F. 2314 Section 1. NEW SECTION . 801C.1 Definitions. 1 As used in this chapter unless the context otherwise 2 requires: 3 1. “Drone” means any powered aerial vehicle that does not 4 carry a human operator, uses aerodynamic forces to provide 5 vehicle lift, can fly autonomously or be piloted remotely, 6 can be expendable or recoverable, and can carry a lethal or 7 nonlethal payload. 8 2. “Unmanned aircraft” means an aircraft that is operated 9 without the possibility of direct human intervention from 10 within or on the aircraft. 11 Sec. 2. NEW SECTION . 801C.2 Restrictions on gathering 12 evidence. 13 1. A law enforcement agency shall not use a drone or other 14 unmanned aircraft to gather evidence or other information 15 pertaining to criminal conduct, or conduct in violation of a 16 statute, ordinance, regulation, or rule, except to the extent 17 authorized by a warrant. 18 2. A person, entity, or state agency shall not use a drone 19 or other unmanned aircraft to conduct surveillance of or to 20 gather evidence or information related to any person, property 21 owned by any other person, or a farm or agricultural operation 22 without the consent of the other person, property owner, or 23 farm or agricultural operation owner. 24 Sec. 3. NEW SECTION . 801C.3 Exigent circumstances. 25 Notwithstanding section 801C.2, a law enforcement agency 26 may use a drone or other unmanned aircraft when exigent 27 circumstances exist. For the purposes of this section, exigent 28 circumstances exist if a law enforcement agency possesses 29 reasonable suspicion that, under particular circumstances, 30 swift action to prevent imminent danger to life is necessary. 31 Sec. 4. NEW SECTION . 801C.4 Remedies. 32 1. In a civil action an aggrieved party may obtain all 33 appropriate relief to prevent or remedy a violation of this 34 chapter. 35 -1- LSB 5715SV (2) 85 jm/rj 1/ 3

S.F. 2314 2. Any information obtained or collected in violation of 1 this chapter shall not be admissible as evidence in a criminal, 2 civil, or administrative proceeding. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill regulates the use of drones and unmanned aircraft. 7 The bill defines “drone” to mean any powered unmanned 8 aircraft that does not carry a human operator, uses aerodynamic 9 forces to provide vehicle lift, can fly autonomously or 10 be piloted remotely, can be expendable or recoverable, and 11 can carry a lethal or nonlethal payload. The bill defines 12 “unmanned aircraft” to mean an aircraft that is operated 13 without the possibility of direct human intervention from 14 within or on the aircraft. 15 The bill specifies that a law enforcement agency shall not 16 use a drone or other unmanned aircraft to gather evidence or 17 other information pertaining to criminal conduct, or other 18 conduct that violates the law, except to the extent authorized 19 by a warrant. 20 The bill further specifies that a person, entity, or state 21 agency shall not use a drone or other unmanned aircraft to 22 conduct surveillance of or to gather evidence or information 23 related to any person, property owned by another person, or 24 a farm or agricultural operation without the consent of the 25 other person, property owner, or farm or agricultural operation 26 owner. 27 A law enforcement agency may use a drone or other unmanned 28 aircraft when exigent circumstances exist. Under the bill, 29 exigent circumstances exist if a law enforcement agency 30 possesses reasonable suspicion that, under particular 31 circumstances, swift action to prevent imminent danger to life 32 is necessary. 33 The bill provides that any aggrieved party may obtain all 34 appropriate relief to prevent or remedy a violation of the bill 35 -2- LSB 5715SV (2) 85 jm/rj 2/ 3

S.F. 2314 through a civil action. 1 The bill also specifies that any information obtained or 2 collected in violation of the bill shall not be admissible as 3 evidence in a criminal, civil, or administrative proceeding. 4 -3- LSB 5715SV (2) 85 jm/rj 3/ 3