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- HF 2289 (4) 85 jm/nh/md 1/ 5

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 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, 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- HF 2289 (4) 85 jm/nh/md 2/ 5

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 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 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 (1) Emitting a peculiar sound or excessive noise. 31 (2) Spraying a liquid or gas. 32 (3) Dropping an object. 33 4. Accredited postsecondary institutions. An accredited 34 postsecondary institution, other than a special security 35 -3- HF 2289 (4) 85 jm/nh/md 3/ 5

H.F. 2289 officer or a security agency employed by or otherwise connected 1 with the institution, may use an unmanned aerial vehicle to 2 capture or receive an image for research purposes, or to retain 3 or distribute such an image. 4 5. An unmanned aerial vehicle shall not be equipped with a 5 dangerous weapon. 6 6. This section does not apply to an operation, exercise, 7 or mission of any branch of the United States military, or the 8 Iowa national guard. 9 7. a. A person who violates the section commits an 10 aggravated misdemeanor. 11 b. A person who violates this section and causes serious 12 injury to another commits a class “D” felony. 13 c. A person who violates this section and causes death to 14 another commits a class “C” felony. 15 8. a. On June 30, 2015, and every June 30 thereafter, 16 each state agency and each political subdivision if required 17 to do so by the supervising legislative body of the political 18 subdivision, using an unmanned aerial vehicle, shall provide 19 the department of public safety with the following information: 20 (1) The number of instances an unmanned aerial vehicle was 21 used by the agency and the purpose of each use. 22 (2) The number of crime investigations aided by the use of 23 an unmanned aerial vehicle and a description of how the use of 24 an unmanned aerial vehicle aided each investigation. 25 (3) The number of instances an unmanned aerial vehicle was 26 used for purposes other than in a criminal investigation and a 27 description of how the use of the unmanned aerial vehicle aided 28 in that purpose. 29 (4) The annual cost of the unmanned aerial vehicle program 30 of the agency. 31 b. The department of public safety shall compile the 32 information provided by the agencies under this subsection and 33 present a report detailing the use of unmanned aerial vehicles 34 to the standing committees on government oversight by January 35 -4- HF 2289 (4) 85 jm/nh/md 4/ 5

H.F. 2289 15, 2016, and every January 15 thereafter. 1 Sec. 4. Section 717A.1, Code 2014, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 6A. “Control” includes the actions of a 4 person using an unmanned aerial vehicle. 5 NEW SUBSECTION . 10A. “Enter” includes the actions of a 6 person using an unmanned aerial vehicle. 7 NEW SUBSECTION . 14. “Unmanned aerial vehicle” means the 8 same as defined in section 708C.1. 9 -5- HF 2289 (4) 85 jm/nh/md 5/ 5