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House Study Bill 88 - IntroducedA Bill ForAn Act 1relating to the use of unmanned aerial vehicles, and
2providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 708.11, subsection 1, paragraph b, Code
22017, is amended to read as follows:
3b. “Course of conduct” means repeatedly maintaining a visual
4or physical proximity to a person without legitimate purpose or
5repeatedly conveying oral or written threats, threats implied
6by conduct, or a combination thereof, directed at or toward a
7person. “Course of conduct” includes the use of an unmanned
8aerial vehicle, as defined in section 708C.1, to maintain
9visual or physical proximity to a person as provided in this
10paragraph.
11 Sec. 2. Section 708A.1, subsection 1, Code 2017, is amended
12to read as follows:
131. “Material support or resources” means knowingly assisting
14or providing money, financial securities, financial services,
15lodging, training, safe houses, false documentation or
16identification, communication equipment, facilities, weapons,
17lethal substances, explosives, personnel, transportation,
18unmanned aerial vehicles, and other physical assets, except
19medicine or religious materials, for the purpose of assisting a
20person in the commission of an act of terrorism.
21 Sec. 3. NEW SECTION. 708C.1 Use of unmanned aerial vehicle
22— exceptions — penalty.
231. As used in this section, unless the context otherwise
24requires:
25a. “Agency” means a state agency or political subdivision of
26this state or any person acting on behalf of a state agency or
27political subdivision.
28b. “Dangerous weapon” includes an instrument or device
29designed for causing damage to property.
30c. “Image” means any capturing of sound waves, thermal,
31infrared, ultraviolet, visible light, or other electromagnetic
32wave, odor, or other conditions existing on or about real
33property in this state or a person located on that property.
34d. “Unmanned aerial vehicle” means an aircraft that is
35operated without the possibility of direct human intervention
-1-1from within or on the aircraft.
22. Agencies.
3a. Except as provided in this paragraph “a”, an agency shall
4not use an unmanned aerial vehicle to capture an image or to
5receive or disclose an image acquired through the use of an
6unmanned aerial vehicle.
7(1) An agency may use an unmanned aerial vehicle to capture
8an image or to receive or disclose an image acquired through
9the use of an unmanned aerial vehicle in connection with a
10search warrant that has been issued under the conditions of
11section 808.2 authorizing the use on private property.
12(2) An agency may use an unmanned aerial vehicle without
13preserving any images under the following circumstances:
14(a) When searching for a suspect who committed a crime.
15(b) When supporting the tactical operation of another
16agency.
17(c) For crowd monitoring at events.
18(3) (a) An agency may use an unmanned aerial vehicle if an
19emergency exists based on a reasonable belief that an imminent
20threat exists to the life or safety of a person and within
21forty-eight hours of the emergency use a supervisory official
22of the agency files a sworn statement with the district court
23detailing the grounds for using the unmanned aerial vehicle in
24the emergency.
25(b) If the supervisory official fails to file the sworn
26statement as required by this subparagraph (3), the supervisory
27official shall be removed from any future involvement with the
28agency’s use of an unmanned aerial vehicle, and the agency
29shall be required to obtain approval from the applicable
30supervisory body under paragraph “c” prior to any future use of
31an unmanned aerial vehicle by the agency.
32(4) An agency may use an unmanned aerial vehicle on public
33property.
34b. An agency shall not archive data captured or received
35through the use of an unmanned aerial vehicle unless the data
-2-1was captured or received during an operation in conjunction
2with a search warrant or during the existence of an emergency
3under paragraph “a”, subparagraph (3), but only for forty-eight
4hours except upon entry of a district court order requiring the
5archiving of the data for more than forty-eight hours.
6c. The acquisition of an unmanned aerial vehicle by a
7state agency shall be approved by the general assembly prior
8to such an acquisition. The acquisition of an unmanned aerial
9vehicle at the county, city, or local government level shall be
10approved by the county board of supervisors, city council, or
11other supervisory legislative body that oversees the political
12subdivision.
13d. An agency shall adopt best practices to ensure that
14unauthorized access to an unmanned aerial vehicle or images
15captured or received by the unmanned aerial vehicle does not
16occur.
173. Persons.
18a. A person shall not use an unmanned aerial vehicle to
19capture an image of an individual or private property with
20the intent to conduct surveillance, or to stalk, follow, or
21intimidate another person.
22b. A person may use an unmanned aerial vehicle to capture
23or receive an image of an individual if the individual is on
24public property, or the person has received permission from the
25individual to capture or receive such an image.
26c. A person shall not use an unmanned aerial vehicle
27equipped with an instrument that is capable of doing any of the
28following unless the unmanned aerial vehicle is used over the
29real property owned by the person or the person has permission
30from the owner or a tenant of the real property to use the
31unmanned aerial vehicle over the real property:
32(1) Emitting a peculiar sound or excessive noise.
33(2) Spraying a liquid or gas.
34(3) Dropping an object.
354. Accredited postsecondary institutions. An accredited
-3-1postsecondary institution, other than a special security
2officer or a security agency employed by or otherwise connected
3with the institution, may use an unmanned aerial vehicle to
4capture or receive an image for research purposes, or to retain
5or distribute such an image.
65. An unmanned aerial vehicle shall not be equipped with a
7dangerous weapon.
86. This section does not apply to an operation, exercise,
9or mission of any branch of the United States military, or the
10Iowa national guard.
117. a. A person who violates this section commits an
12aggravated misdemeanor.
13b. A person who violates this section and causes serious
14injury to another person commits a class “D” felony.
15c. A person who violates this section and causes death to
16another person commits a class “C” felony.
178. a. On June 30, 2018, and every June 30 thereafter, each
18state agency and each political subdivision, if required to
19do so by the supervising legislative body of the political
20subdivision, that uses an unmanned aerial vehicle shall provide
21the department of public safety with the following information:
22(1) The number of instances in which an unmanned aerial
23vehicle was used by the agency and the purpose of each use.
24(2) The number of crime investigations aided by the use of
25an unmanned aerial vehicle and a description of how the use of
26an unmanned aerial vehicle aided each investigation.
27(3) The number of instances an unmanned aerial vehicle was
28used for purposes other than in a criminal investigation and a
29description of how the use of the unmanned aerial vehicle aided
30in that purpose.
31(4) The annual cost of the unmanned aerial vehicle program
32of the agency.
33b. The department of public safety shall compile the
34information provided by the agencies under this subsection and
35present a report detailing the use of unmanned aerial vehicles
-4-1to the legislative standing committees on government oversight
2by January 15, 2019, and every January 15 thereafter.
3 Sec. 4. Section 717A.1, Code 2017, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 6A. “Control” includes the actions of a
6person using an unmanned aerial vehicle.
7 NEW SUBSECTION. 10A. “Enter” includes the actions of a
8person using an unmanned aerial vehicle.
9 NEW SUBSECTION. 14. “Unmanned aerial vehicle” means the
10same as defined in section 708C.1.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to the use of unmanned aerial vehicles by
15governmental agencies and other persons.
16The bill defines “unmanned aerial vehicle” to mean an
17aircraft that is operated without the possibility of direct
18human intervention from within or on the aircraft.
19The bill defines “image” to mean any capturing of sound
20waves, thermal, infrared, ultraviolet, visible light, or other
21electromagnetic wave, odor, or other conditions existing on or
22about real property in this state or a person located on that
23property.
24The bill prohibits a governmental agency from using an
25unmanned aerial vehicle to capture an image or to receive or
26disclose an image acquired through the use of an unmanned
27aerial vehicle unless used under the following circumstances:
28the use is in connection with a search warrant, the use is
29related to the search for a criminal suspect, to provide
30support to another tactical operation, or for crowd monitoring,
31the use is based upon a reasonable belief that an emergency
32exists that threatens the life or safety of a person, or the
33use is on public property.
34If a governmental agency uses an unmanned aerial vehicle
35in an emergency, the bill requires the supervisory official
-5-1of such an agency to file a sworn statement with the court
2detailing the grounds for using the unmanned aerial vehicle in
3the emergency within 48 hours of its use. The bill specifies
4that if the supervisory official fails to file the sworn
5statement, the supervisory official is barred from future
6involvement with the agency’s use of unmanned aerial vehicles,
7and the agency must seek approval from the applicable governing
8body for any future use of an unmanned aerial vehicle.
9The bill prohibits a governmental agency from archiving data
10captured or received through the use of an unmanned aerial
11vehicle unless the data is captured or received in connection
12with a search warrant, or during an emergency, but only for
1348 hours except upon entry of a court order requiring the
14archiving of the data for more than 48 hours.
15The bill requires that an unmanned aerial vehicle purchased
16by a state agency be approved by the general assembly prior to
17such an acquisition. The acquisition of an unmanned aerial
18vehicle at the county, city, or local government level shall
19be approved by the board of supervisors, city council, or
20other supervisory legislative body that oversees the political
21subdivision.
22The bill prohibits a person from using an unmanned aerial
23vehicle to capture an image of an individual or private
24property with the intent to conduct surveillance, or to stalk,
25follow, or intimidate another person. The bill allows a person
26using an unmanned aerial vehicle to capture an image of an
27individual if the individual is on public property or the
28person has received permission from the individual to capture
29or receive such an image.
30The bill prohibits a person from using an unmanned aerial
31vehicle equipped with an instrument that is capable of emitting
32a peculiar sound or excessive noise, spraying a liquid or gas,
33or dropping an object. The bill allows an unmanned aerial
34vehicle to be equipped with such instruments if the person uses
35the unmanned aerial vehicle over the real property owned by the
-6-1person or the person has permission from the owner or tenant of
2the real property to use an unmanned aerial vehicle equipped
3with such instruments.
4The bill allows an accredited postsecondary institution,
5other than a special security officer or security agency
6employed by or otherwise connected with the institution, to use
7an unmanned aerial vehicle to capture or receive an image for
8research purposes, or to retain or distribute such an image.
9The bill prohibits an unmanned aerial vehicle from being
10equipped with a dangerous weapon. The bill defines “dangerous
11weapon” to mean the same as defined in Code section 702.7,
12but also includes an instrument or device designed to damage
13property.
14The bill does not apply to an operation, exercise, or mission
15of any branch of the United States military, or the Iowa
16national guard.
17Under the bill, each state agency and each political
18subdivision, if required to do so by the supervising
19legislative body of the political subdivision, that uses an
20unmanned aerial vehicle shall provide information related to
21the use of the unmanned aerial vehicle to the department of
22public safety by June 30, 2018, and every June 30 thereafter.
23The bill also requires the department of public safety to
24compile such information and file a report to the standing
25committees on government oversight by January 15, 2019, and
26every January 15 thereafter.
27A person who violates the bill commits an aggravated
28misdemeanor. If the violation causes serious injury the person
29commits a class “D” felony, and if the violation causes death
30the person commits a class “C” felony.
31An aggravated misdemeanor is punishable by confinement for
32no more than two years and a fine of at least $625 but not more
33than $6,250. A class “D” felony is punishable by confinement
34for no more than five years and a fine of at least $750 but
35not more than $7,500. A class “C” felony is punishable by
-7-1confinement for no more than 10 years and a fine of at least
2$1,000 but not more than $10,000.
3In addition, the bill specifies that a “course of conduct”
4without a legitimate purpose includes the use of an unmanned
5aerial vehicle for purposes of proving the criminal offense of
6stalking.
7The bill also specifies that a person who knowingly assists
8in providing an unmanned aerial vehicle to a person who commits
9or attempts to commit terrorism is guilty of soliciting or
10providing material support or resources for terrorism in
11violation of Code section 708A.4.
12The bill further provides, for purposes of violations
13under Code chapter 717A (offenses relating to agricultural
14production), a person “controls” or “enters” an animal facility
15or a crop operation property if the actions of the person
16include the use of an unmanned aerial vehicle.
-8-jm/nh
2providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 708.11, subsection 1, paragraph b, Code
22017, is amended to read as follows:
3b. “Course of conduct” means repeatedly maintaining a visual
4or physical proximity to a person without legitimate purpose or
5repeatedly conveying oral or written threats, threats implied
6by conduct, or a combination thereof, directed at or toward a
7person. “Course of conduct” includes the use of an unmanned
8aerial vehicle, as defined in section 708C.1, to maintain
9visual or physical proximity to a person as provided in this
10paragraph.
11 Sec. 2. Section 708A.1, subsection 1, Code 2017, is amended
12to read as follows:
131. “Material support or resources” means knowingly assisting
14or providing money, financial securities, financial services,
15lodging, training, safe houses, false documentation or
16identification, communication equipment, facilities, weapons,
17lethal substances, explosives, personnel, transportation,
18unmanned aerial vehicles, and other physical assets, except
19medicine or religious materials, for the purpose of assisting a
20person in the commission of an act of terrorism.
21 Sec. 3. NEW SECTION. 708C.1 Use of unmanned aerial vehicle
22— exceptions — penalty.
231. As used in this section, unless the context otherwise
24requires:
25a. “Agency” means a state agency or political subdivision of
26this state or any person acting on behalf of a state agency or
27political subdivision.
28b. “Dangerous weapon” includes an instrument or device
29designed for causing damage to property.
30c. “Image” means any capturing of sound waves, thermal,
31infrared, ultraviolet, visible light, or other electromagnetic
32wave, odor, or other conditions existing on or about real
33property in this state or a person located on that property.
34d. “Unmanned aerial vehicle” means an aircraft that is
35operated without the possibility of direct human intervention
-1-1from within or on the aircraft.
22. Agencies.
3a. Except as provided in this paragraph “a”, an agency shall
4not use an unmanned aerial vehicle to capture an image or to
5receive or disclose an image acquired through the use of an
6unmanned aerial vehicle.
7(1) An agency may use an unmanned aerial vehicle to capture
8an image or to receive or disclose an image acquired through
9the use of an unmanned aerial vehicle in connection with a
10search warrant that has been issued under the conditions of
11section 808.2 authorizing the use on private property.
12(2) An agency may use an unmanned aerial vehicle without
13preserving any images under the following circumstances:
14(a) When searching for a suspect who committed a crime.
15(b) When supporting the tactical operation of another
16agency.
17(c) For crowd monitoring at events.
18(3) (a) An agency may use an unmanned aerial vehicle if an
19emergency exists based on a reasonable belief that an imminent
20threat exists to the life or safety of a person and within
21forty-eight hours of the emergency use a supervisory official
22of the agency files a sworn statement with the district court
23detailing the grounds for using the unmanned aerial vehicle in
24the emergency.
25(b) If the supervisory official fails to file the sworn
26statement as required by this subparagraph (3), the supervisory
27official shall be removed from any future involvement with the
28agency’s use of an unmanned aerial vehicle, and the agency
29shall be required to obtain approval from the applicable
30supervisory body under paragraph “c” prior to any future use of
31an unmanned aerial vehicle by the agency.
32(4) An agency may use an unmanned aerial vehicle on public
33property.
34b. An agency shall not archive data captured or received
35through the use of an unmanned aerial vehicle unless the data
-2-1was captured or received during an operation in conjunction
2with a search warrant or during the existence of an emergency
3under paragraph “a”, subparagraph (3), but only for forty-eight
4hours except upon entry of a district court order requiring the
5archiving of the data for more than forty-eight hours.
6c. The acquisition of an unmanned aerial vehicle by a
7state agency shall be approved by the general assembly prior
8to such an acquisition. The acquisition of an unmanned aerial
9vehicle at the county, city, or local government level shall be
10approved by the county board of supervisors, city council, or
11other supervisory legislative body that oversees the political
12subdivision.
13d. An agency shall adopt best practices to ensure that
14unauthorized access to an unmanned aerial vehicle or images
15captured or received by the unmanned aerial vehicle does not
16occur.
173. Persons.
18a. A person shall not use an unmanned aerial vehicle to
19capture an image of an individual or private property with
20the intent to conduct surveillance, or to stalk, follow, or
21intimidate another person.
22b. A person may use an unmanned aerial vehicle to capture
23or receive an image of an individual if the individual is on
24public property, or the person has received permission from the
25individual to capture or receive such an image.
26c. A person shall not use an unmanned aerial vehicle
27equipped with an instrument that is capable of doing any of the
28following unless the unmanned aerial vehicle is used over the
29real property owned by the person or the person has permission
30from the owner or a tenant of the real property to use the
31unmanned aerial vehicle over the real property:
32(1) Emitting a peculiar sound or excessive noise.
33(2) Spraying a liquid or gas.
34(3) Dropping an object.
354. Accredited postsecondary institutions. An accredited
-3-1postsecondary institution, other than a special security
2officer or a security agency employed by or otherwise connected
3with the institution, may use an unmanned aerial vehicle to
4capture or receive an image for research purposes, or to retain
5or distribute such an image.
65. An unmanned aerial vehicle shall not be equipped with a
7dangerous weapon.
86. This section does not apply to an operation, exercise,
9or mission of any branch of the United States military, or the
10Iowa national guard.
117. a. A person who violates this section commits an
12aggravated misdemeanor.
13b. A person who violates this section and causes serious
14injury to another person commits a class “D” felony.
15c. A person who violates this section and causes death to
16another person commits a class “C” felony.
178. a. On June 30, 2018, and every June 30 thereafter, each
18state agency and each political subdivision, if required to
19do so by the supervising legislative body of the political
20subdivision, that uses an unmanned aerial vehicle shall provide
21the department of public safety with the following information:
22(1) The number of instances in which an unmanned aerial
23vehicle was used by the agency and the purpose of each use.
24(2) The number of crime investigations aided by the use of
25an unmanned aerial vehicle and a description of how the use of
26an unmanned aerial vehicle aided each investigation.
27(3) The number of instances an unmanned aerial vehicle was
28used for purposes other than in a criminal investigation and a
29description of how the use of the unmanned aerial vehicle aided
30in that purpose.
31(4) The annual cost of the unmanned aerial vehicle program
32of the agency.
33b. The department of public safety shall compile the
34information provided by the agencies under this subsection and
35present a report detailing the use of unmanned aerial vehicles
-4-1to the legislative standing committees on government oversight
2by January 15, 2019, and every January 15 thereafter.
3 Sec. 4. Section 717A.1, Code 2017, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 6A. “Control” includes the actions of a
6person using an unmanned aerial vehicle.
7 NEW SUBSECTION. 10A. “Enter” includes the actions of a
8person using an unmanned aerial vehicle.
9 NEW SUBSECTION. 14. “Unmanned aerial vehicle” means the
10same as defined in section 708C.1.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to the use of unmanned aerial vehicles by
15governmental agencies and other persons.
16The bill defines “unmanned aerial vehicle” to mean an
17aircraft that is operated without the possibility of direct
18human intervention from within or on the aircraft.
19The bill defines “image” to mean any capturing of sound
20waves, thermal, infrared, ultraviolet, visible light, or other
21electromagnetic wave, odor, or other conditions existing on or
22about real property in this state or a person located on that
23property.
24The bill prohibits a governmental agency from using an
25unmanned aerial vehicle to capture an image or to receive or
26disclose an image acquired through the use of an unmanned
27aerial vehicle unless used under the following circumstances:
28the use is in connection with a search warrant, the use is
29related to the search for a criminal suspect, to provide
30support to another tactical operation, or for crowd monitoring,
31the use is based upon a reasonable belief that an emergency
32exists that threatens the life or safety of a person, or the
33use is on public property.
34If a governmental agency uses an unmanned aerial vehicle
35in an emergency, the bill requires the supervisory official
-5-1of such an agency to file a sworn statement with the court
2detailing the grounds for using the unmanned aerial vehicle in
3the emergency within 48 hours of its use. The bill specifies
4that if the supervisory official fails to file the sworn
5statement, the supervisory official is barred from future
6involvement with the agency’s use of unmanned aerial vehicles,
7and the agency must seek approval from the applicable governing
8body for any future use of an unmanned aerial vehicle.
9The bill prohibits a governmental agency from archiving data
10captured or received through the use of an unmanned aerial
11vehicle unless the data is captured or received in connection
12with a search warrant, or during an emergency, but only for
1348 hours except upon entry of a court order requiring the
14archiving of the data for more than 48 hours.
15The bill requires that an unmanned aerial vehicle purchased
16by a state agency be approved by the general assembly prior to
17such an acquisition. The acquisition of an unmanned aerial
18vehicle at the county, city, or local government level shall
19be approved by the board of supervisors, city council, or
20other supervisory legislative body that oversees the political
21subdivision.
22The bill prohibits a person from using an unmanned aerial
23vehicle to capture an image of an individual or private
24property with the intent to conduct surveillance, or to stalk,
25follow, or intimidate another person. The bill allows a person
26using an unmanned aerial vehicle to capture an image of an
27individual if the individual is on public property or the
28person has received permission from the individual to capture
29or receive such an image.
30The bill prohibits a person from using an unmanned aerial
31vehicle equipped with an instrument that is capable of emitting
32a peculiar sound or excessive noise, spraying a liquid or gas,
33or dropping an object. The bill allows an unmanned aerial
34vehicle to be equipped with such instruments if the person uses
35the unmanned aerial vehicle over the real property owned by the
-6-1person or the person has permission from the owner or tenant of
2the real property to use an unmanned aerial vehicle equipped
3with such instruments.
4The bill allows an accredited postsecondary institution,
5other than a special security officer or security agency
6employed by or otherwise connected with the institution, to use
7an unmanned aerial vehicle to capture or receive an image for
8research purposes, or to retain or distribute such an image.
9The bill prohibits an unmanned aerial vehicle from being
10equipped with a dangerous weapon. The bill defines “dangerous
11weapon” to mean the same as defined in Code section 702.7,
12but also includes an instrument or device designed to damage
13property.
14The bill does not apply to an operation, exercise, or mission
15of any branch of the United States military, or the Iowa
16national guard.
17Under the bill, each state agency and each political
18subdivision, if required to do so by the supervising
19legislative body of the political subdivision, that uses an
20unmanned aerial vehicle shall provide information related to
21the use of the unmanned aerial vehicle to the department of
22public safety by June 30, 2018, and every June 30 thereafter.
23The bill also requires the department of public safety to
24compile such information and file a report to the standing
25committees on government oversight by January 15, 2019, and
26every January 15 thereafter.
27A person who violates the bill commits an aggravated
28misdemeanor. If the violation causes serious injury the person
29commits a class “D” felony, and if the violation causes death
30the person commits a class “C” felony.
31An aggravated misdemeanor is punishable by confinement for
32no more than two years and a fine of at least $625 but not more
33than $6,250. A class “D” felony is punishable by confinement
34for no more than five years and a fine of at least $750 but
35not more than $7,500. A class “C” felony is punishable by
-7-1confinement for no more than 10 years and a fine of at least
2$1,000 but not more than $10,000.
3In addition, the bill specifies that a “course of conduct”
4without a legitimate purpose includes the use of an unmanned
5aerial vehicle for purposes of proving the criminal offense of
6stalking.
7The bill also specifies that a person who knowingly assists
8in providing an unmanned aerial vehicle to a person who commits
9or attempts to commit terrorism is guilty of soliciting or
10providing material support or resources for terrorism in
11violation of Code section 708A.4.
12The bill further provides, for purposes of violations
13under Code chapter 717A (offenses relating to agricultural
14production), a person “controls” or “enters” an animal facility
15or a crop operation property if the actions of the person
16include the use of an unmanned aerial vehicle.
-8-jm/nh