Bill Text: HI SB2712 | 2016 | Regular Session | Introduced

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Bill Title: Unwarranted Surveillance; Unmanned Aircraft Systems

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2016-01-27 - Referred to PSM/CPH, JDL. [SB2712 Detail]

Download: Hawaii-2016-SB2712-Introduced.html

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THE SENATE	S.B. NO.	2712
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to privacy.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 803, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part V.  FREEDOM FROM UNWARRANTED SURVEILLANCE ACT

§803-     DEFINITIONS.  As used in this act, the term: (a) “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;

(b) "Unmanned aircraft system" does not include:

(1) Model flying airplanes or rockets including, but not necessarily limited to, those that are radio controlled or otherwise remotely controlled and that are used purely for sport or recreational purpose, except when fitted with an active recording device and recording or surveillance into or over private property without consent of the property owner;

(2) An unmanned aircraft system used by a state agency, for the purposes of mapping or resource management; or

(3) Satellites.

(c) “Law enforcement agency” means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws.

§803-     PROHIBITED USE OF UNMANNED AIRCRAFT SYSTEMS.  No law enforcement agency, person, entity, or state or local public agency may use an unmanned aircraft system to gather evidence or other information including, but not limited to sound waves, recordings, images or photographs of:

(a) A person without the person's consent;

(b) A person's property without the person's consent; or

(c) Proprietary information without the owner's consent.  

§803-     EXCEPTIONS.  This act does not prohibit the use of an unmanned aircraft system:

(a) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.

(b) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of an unmanned aircraft system.

(c) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person.

(d) In accordance with judicially recognized exceptions to the warrant requirement.

(e) If the relevant person or entity who is the subject of the prohibited conduct under section (3) above consents in writing, however, such consent may not be used to excuse or justify violations against third parties.

(f) If the unmanned aircraft system is used by a state agency or local public agency, for the purposes of mapping or resource management.

(g)  If the unmanned aircraft system is used in airspace designated as a test site or range of the Federal Aviation Administration for the purposes of training.

(h) As part of an operation, exercise, or mission of any branch of the United State military.

§803-     REMEDIES FOR VIOLATION.  An aggrieved party may initiate a civil action to:

(a) Obtain all appropriate relief including, but not limited to, equitable relief in order to prevent or remedy a violation of this act; and

(b) Be entitled to recover from any such person, entity, state agency or local public agency damages in the amount of the greater of one thousand dollars ($1,000) or actual and general damages, plus reasonable attorney's fees and other litigation costs reasonably incurred.

(c) If evidence or information gathered by use of a prohibited use of an unmanned aircraft system is publicly displayed or publicly disclosed the aggrieved party will be entitled to recover from such person, entity, state agency or local public agency damages in the amount of the greater of ten thousand dollars ($10,000) or actual and general damages, plus reasonable attorney's fees and other litigation costs reasonably incurred.

§803-     PROHIBITION ON USE OF EVIDENCE.  Evidence obtained or collected in violation of this act is not admissible as evidence in a criminal prosecution or civil action in any court of law in this state except if used in prosecuting any cause of action against a person who is in violation of this act or for breaches of privacy or nuisance laws using an unmanned aircraft system."

     SECTION 2. New statutory material is underscored.

     SECTION 3. This act shall take effect on July 1, 2016.

 

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Unwarranted Surveillance; Unmanned Aircraft Systems

 

 

Description:

An act prohibiting a law enforcement agency, person, entity, state or local public agency from using an unmanned aircraft system to gather evidence or other information; providing exceptions; authorizing an aggrieved party to initiate a civil action in order to prevent or remedy a violation of the act.

 

 

 

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