Hawaii-2014-HB1691-Introduced

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

unmanned aircraft systems

§ -1 Definitions. As used in this chapter:

"Law enforcement agency" means any state or county public body that is responsible for the prevention and detection of crime, enforcement of county codes, or enforcement of penal, traffic, regulatory, game, or controlled substance laws.

"Unmanned aircraft system" means a powered aerial vehicle that:

(1) Does not carry a human operator;

(2) Uses aerodynamic forces to provide vehicle lift;

(3) Can fly autonomously or be piloted remotely;

(4) Can be expendable or recoverable; and

(5) Can or cannot carry a lethal or nonlethal payload.

"Unmanned aircraft system" does not include:

(1) Model flying airplanes or rockets, including those that are radio controlled or otherwise remotely controlled and that are used purely for sport or recreational purposes, except when fitted with an active recording device;

(2) Any unmanned aircraft system used by a state or county agency for the purpose of mapping or resource management; or

(3) Satellites.

§ -2 Prohibited use of unmanned aircraft systems; exceptions. (a) No law enforcement agency, person, entity, or state or county public body shall use an unmanned aircraft system to gather evidence or other information, including sound waves, images, or any recordings thereof, from any person or any person's property, including proprietary information, except as provided in subsection (b).

(b) This section shall not prohibit the use of an unmanned aircraft system:

(1) To counter a high risk of a terrorist attack as determined by the United States Secretary of Homeland Security based upon credible intelligence;

(2) Pursuant to a search warrant obtained by a law enforcement agency and signed by a judge authorizing the use of an unmanned aircraft system;

(3) In accordance with judicially recognized exceptions to the requirement of a search warrant;

(4) In response to the determination of a law enforcement agency that swift action is needed to:

(A) Prevent imminent danger to life or serious damage to property;

(B) Forestall the imminent escape of a suspect or the destruction of evidence; or

(5) With the prior written consent of any person or entity from whom evidence or other information would be gathered through the use of an unmanned aircraft system; provided that any consent provided under this paragraph shall not be deemed to exempt any violations of this section committed against any party other than the party providing consent;

(6) By a state or county public body for the purpose of mapping or resource management;

(7) In airspace designated as a test site or range of the Federal Aviation Administration for training purposes; or

(8) As part of any operation, exercise, or mission of any branch of the United States military.

§ -3 Civil remedies for violations. Any person aggrieved by a violation of this chapter may initiate a civil action to:

(1) Obtain all appropriate relief, including equitable relief, to prevent or remedy a violation of this chapter; and

(2) Recover damages from any person or entity who gathers evidence or other information in violation of this chapter, which person or entity shall be liable to the aggrieved party for damages of $1,000 or actual and general damages, whichever is greater, together with reasonable attorney's fees and other litigation costs reasonably incurred; provided that if the evidence or other information gathered in violation of this chapter is publicly displayed or publicly disclosed, the aggrieved party shall be entitled to recover damages of $10,000 or actual and general damages, whichever is greater, together with reasonable attorney's fees and other litigation costs reasonably incurred.

§ -4 Prohibition on use of evidence improperly obtained. No information obtained or collected in violation of this chapter shall be admissible as evidence in a criminal prosecution or civil action in any court of law of this State, except in any prosecution against a person accused of violating this chapter or any privacy or nuisance law by the use of an unmanned aircraft system."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1691
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII