H.F. _____ Section 1. Section 708.11, subsection 1, paragraph b, Code 1 2017, 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 2017, 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 2007YC (7) 87 jm/nh 1/ 8

H.F. _____ from within or on the aircraft. 1 2. Agencies. 2 a. Except as provided in this paragraph “a” , 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 if an 18 emergency exists based on a reasonable belief that an imminent 19 threat exists to the life or safety of a person and within 20 forty-eight hours of the emergency use a supervisory official 21 of the agency files a sworn statement with the district 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 (3), 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 2007YC (7) 87 jm/nh 2/ 8

H.F. _____ 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 district 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 22 or receive an image of an individual if the individual is on 23 public property, or the person has received permission from the 24 individual to capture or receive such an image. 25 c. A person shall not use an unmanned aerial vehicle 26 equipped with an instrument that is capable of doing any of the 27 following unless the unmanned aerial vehicle is used over the 28 real property owned by the person or the person has permission 29 from the owner or a tenant of the real property to use the 30 unmanned aerial vehicle over the real property: 31 (1) Emitting a peculiar sound or excessive noise. 32 (2) Spraying a liquid or gas. 33 (3) Dropping an object. 34 4. Accredited postsecondary institutions. An accredited 35 -3- LSB 2007YC (7) 87 jm/nh 3/ 8

H.F. _____ postsecondary institution, other than a special security 1 officer or a security agency employed by or otherwise connected 2 with the institution, may use an unmanned aerial vehicle to 3 capture or receive an image for research purposes, or to retain 4 or distribute such an image. 5 5. An unmanned aerial vehicle shall not be equipped with a 6 dangerous weapon. 7 6. This section does not apply to an operation, exercise, 8 or mission of any branch of the United States military, or the 9 Iowa national guard. 10 7. a. A person who violates this section commits an 11 aggravated misdemeanor. 12 b. A person who violates this section and causes serious 13 injury to another person commits a class “D” felony. 14 c. A person who violates this section and causes death to 15 another person commits a class “C” felony. 16 8. a. On June 30, 2018, and every June 30 thereafter, each 17 state agency and each political subdivision, if required to 18 do so by the supervising legislative body of the political 19 subdivision, that uses an unmanned aerial vehicle shall provide 20 the department of public safety with the following information: 21 (1) The number of instances in which an unmanned aerial 22 vehicle was used by the agency and the purpose of each use. 23 (2) The number of crime investigations aided by the use of 24 an unmanned aerial vehicle and a description of how the use of 25 an unmanned aerial vehicle aided each investigation. 26 (3) The number of instances an unmanned aerial vehicle was 27 used for purposes other than in a criminal investigation and a 28 description of how the use of the unmanned aerial vehicle aided 29 in that purpose. 30 (4) The annual cost of the unmanned aerial vehicle program 31 of the agency. 32 b. The department of public safety shall compile the 33 information provided by the agencies under this subsection and 34 present a report detailing the use of unmanned aerial vehicles 35 -4- LSB 2007YC (7) 87 jm/nh 4/ 8

H.F. _____ to the legislative standing committees on government oversight 1 by January 15, 2019, and every January 15 thereafter. 2 Sec. 4. Section 717A.1, Code 2017, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 6A. “Control” includes the actions of a 5 person using an unmanned aerial vehicle. 6 NEW SUBSECTION . 10A. “Enter” includes the actions of a 7 person using an unmanned aerial vehicle. 8 NEW SUBSECTION . 14. “Unmanned aerial vehicle” means the 9 same as defined in section 708C.1. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to the use of unmanned aerial vehicles by 14 governmental agencies and other persons. 15 The bill defines “unmanned aerial vehicle” to mean an 16 aircraft that is operated without the possibility of direct 17 human intervention from within or on the aircraft. 18 The bill defines “image” to mean any capturing of sound 19 waves, thermal, infrared, ultraviolet, visible light, or other 20 electromagnetic wave, odor, or other conditions existing on or 21 about real property in this state or a person located on that 22 property. 23 The bill prohibits a governmental agency from using an 24 unmanned aerial vehicle to capture an image or to receive or 25 disclose an image acquired through the use of an unmanned 26 aerial vehicle unless used under the following circumstances: 27 the use is in connection with a search warrant, the use is 28 related to the search for a criminal suspect, to provide 29 support to another tactical operation, or for crowd monitoring, 30 the use is based upon a reasonable belief that an emergency 31 exists that threatens the life or safety of a person, or the 32 use is on public property. 33 If a governmental agency uses an unmanned aerial vehicle 34 in an emergency, the bill requires the supervisory official 35 -5- LSB 2007YC (7) 87 jm/nh 5/ 8

H.F. _____ of such an agency to file a sworn statement with the court 1 detailing the grounds for using the unmanned aerial vehicle in 2 the emergency within 48 hours of its use. The bill specifies 3 that if the supervisory official fails to file the sworn 4 statement, the supervisory official is barred from future 5 involvement with the agency’s use of unmanned aerial vehicles, 6 and the agency must seek approval from the applicable governing 7 body for any future use of an unmanned aerial vehicle. 8 The bill prohibits a governmental agency from archiving data 9 captured or received through the use of an unmanned aerial 10 vehicle unless the data is captured or received in connection 11 with a search warrant, or during an emergency, but only for 12 48 hours except upon entry of a court order requiring the 13 archiving of the data for more than 48 hours. 14 The bill requires that an unmanned aerial vehicle purchased 15 by a state agency be approved by the general assembly prior to 16 such an acquisition. The acquisition of an unmanned aerial 17 vehicle at the county, city, or local government level shall 18 be approved by the board of supervisors, city council, or 19 other supervisory legislative body that oversees the political 20 subdivision. 21 The bill prohibits a person from using an unmanned aerial 22 vehicle to capture an image of an individual or private 23 property with the intent to conduct surveillance, or to stalk, 24 follow, or intimidate another person. The bill allows a person 25 using an unmanned aerial vehicle to capture an image of an 26 individual if the individual is on public property or the 27 person has received permission from the individual to capture 28 or receive such an image. 29 The bill prohibits a person from using an unmanned aerial 30 vehicle equipped with an instrument that is capable of emitting 31 a peculiar sound or excessive noise, spraying a liquid or gas, 32 or dropping an object. The bill allows an unmanned aerial 33 vehicle to be equipped with such instruments if the person uses 34 the unmanned aerial vehicle over the real property owned by the 35 -6- LSB 2007YC (7) 87 jm/nh 6/ 8

H.F. _____ person or the person has permission from the owner or tenant of 1 the real property to use an unmanned aerial vehicle equipped 2 with such instruments. 3 The bill allows an accredited postsecondary institution, 4 other than a special security officer or security agency 5 employed by or otherwise connected with the institution, to use 6 an unmanned aerial vehicle to capture or receive an image for 7 research purposes, or to retain or distribute such an image. 8 The bill prohibits an unmanned aerial vehicle from being 9 equipped with a dangerous weapon. The bill defines “dangerous 10 weapon” to mean the same as defined in Code section 702.7, 11 but also includes an instrument or device designed to damage 12 property. 13 The bill does not apply to an operation, exercise, or mission 14 of any branch of the United States military, or the Iowa 15 national guard. 16 Under the bill, each state agency and each political 17 subdivision, if required to do so by the supervising 18 legislative body of the political subdivision, that uses an 19 unmanned aerial vehicle shall provide information related to 20 the use of the unmanned aerial vehicle to the department of 21 public safety by June 30, 2018, and every June 30 thereafter. 22 The bill also requires the department of public safety to 23 compile such information and file a report to the standing 24 committees on government oversight by January 15, 2019, and 25 every January 15 thereafter. 26 A person who violates the bill commits an aggravated 27 misdemeanor. If the violation causes serious injury the person 28 commits a class “D” felony, and if the violation causes death 29 the person commits a class “C” felony. 30 An aggravated misdemeanor is punishable by confinement for 31 no more than two years and a fine of at least $625 but not more 32 than $6,250. A class “D” felony is punishable by confinement 33 for no more than five years and a fine of at least $750 but 34 not more than $7,500. A class “C” felony is punishable by 35 -7- LSB 2007YC (7) 87 jm/nh 7/ 8

H.F. _____ confinement for no more than 10 years and a fine of at least 1 $1,000 but not more than $10,000. 2 In addition, the bill specifies that a “course of conduct” 3 without a legitimate purpose includes the use of an unmanned 4 aerial vehicle for purposes of proving the criminal offense of 5 stalking. 6 The bill also specifies that a person who knowingly assists 7 in providing an unmanned aerial vehicle to a person who commits 8 or attempts to commit terrorism is guilty of soliciting or 9 providing material support or resources for terrorism in 10 violation of Code section 708A.4. 11 The bill further provides, for purposes of violations 12 under Code chapter 717A (offenses relating to agricultural 13 production), a person “controls” or “enters” an animal facility 14 or a crop operation property if the actions of the person 15 include the use of an unmanned aerial vehicle. 16 -8- LSB 2007YC (7) 87 jm/nh 8/ 8