Bill Text: HI SB783 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 783 (Prior Session Legislation)

Introduced

Bill Title: Unmanned Aerial Vehicles; Ban on Surveillance by Drones

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB783 Detail]

Download: Hawaii-2014-SB783-Introduced.html

THE SENATE	S.B. NO.	783
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to unmanned aerial vehicles.

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

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

"Chapter 263B

263B-1 Definition. The term 'unmanned aerial vehicle' means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

263B-2 Use of Unmanned Aerial Vehicles. (a) Any use of unmanned aerial vehicles must fully comply with all Federal Aviation Administration requirements and guidelines, and chapters 261, 262, 263, and 263A. Acquisition of unmanned aerial vehicles must be approved by the department of transportation.

(b) Except as provided in subsection (c), it is unlawful for an agent of the state or any political subdivision thereof, or an individual, association, organization, or corporation, to operate an unmanned aerial vehicle or to disclose or receive information acquired through the operation of an unmanned aerial vehicle.

(1) Consent. It shall not be unlawful under this chapter to disclose or receive information about any person acquired through the operation of an unmanned aerial vehicle if such person has given written consent to such disclosure.

(2) Emergency Situations. It shall not be unlawful under this chapter for an agent of the state or any political subdivision thereof to operate an unmanned aerial vehicle, and for information from such operation to be disclosed or received if the unmanned aerial vehicle is used in circumstances in which it is reasonable to believe that there is an imminent threat to the life or safety of a person, to assist the person, provided that within 48 hours of the commencement of such operation, a supervisory official of the agent of the state or any political subdivision thereof, shall file a sworn statement with the circuit court of that jurisdiction setting forth the grounds for the emergency access.

(3) Warrant or Order.

(A) Warrant. An unmanned aerial vehicle may be operated and information from such operation disclosed in order to collect information from a non-public area only pursuant to a warrant issued under chapter 803.

(B) Order. An unmanned aerial vehicle may be operated and information from such operation disclosed in order to collect information from a public area pursuant to a warrant authorized under subsection (3)(A) or pursuant to an order issued by any court that is a court of competent jurisdiction if the agent of the state or any political subdivision thereof offers specific facts demonstrating reasonable suspicion of criminal activity, that the operation of the public unmanned aircraft system is expected to uncover such activity, and that alternative methods of data collection are either cost-prohibitive or present a significant risk to any person�s bodily safety. Such an order shall not be issued for a period greater than 48 hours. Extensions of an order may be granted but shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days.

(d) When unmanned aerial vehicles are used pursuant to subsection (c), they shall be operated in a manner to collect data only on the target and to avoid data collection on individuals, homes, or areas other than the target. Neither facial recognition nor other biometric matching technology may be used on non-target data collected by an unmanned aerial vehicle.

(e) Unmanned aerial vehicles may not be equipped with weapons.

263B-3 Data retention and use. (a) No data collected on an individual, home, or area other than the target that justified deployment may be used, copied, or disclosed for any purpose. Such data must be deleted within twenty-four hours after collection.

(b) Whenever an agent of the state or any political subdivision thereof uses an unmanned aerial vehicle, no part of information acquired and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.

(c) Any willful disclosure or use by an agent of the state or any political subdivision thereof of information beyond the extent permitted by this chapter is a violation of this chapter, and is subject to administrative discipline as described in subsection 263B-6 below.

263B-4 Emergency situations exception. (a)Notwithstanding any other provision of this chapter, an agent of the state or any political subdivision thereof may operate an unmanned aerial vehicle and disclose information from such operation if

(1) Such agent of the state or any political subdivision thereof reasonably determines that an emergency situation exists that involves:

(A) Immediate danger of death or serious physical injury to any person;

(B) Conspiratorial activities threatening the national security interest; or

(2) The operation of an unmanned aerial vehicle is required before a warrant or order authorizing such interception can, with due diligence, be obtained;

(3) There are grounds upon which such a warrant or order could be entered to authorize such operation; and

(4) An application for a warrant or order approving such operation is made within 48 hours after the operation has occurred or begins to occur.

(b) An operation of an unmanned aerial vehicle carried out under subsection (a) shall immediately terminate when the information sought is obtained or when the application for the warrant or order is denied, whichever is earlier.

(c) In the event an application for a warrant or order is denied, the information obtained from the operation of an unmanned aerial vehicle shall be treated as having been obtained in violation of this chapter and the evidence shall not be used.

263B-5 Delayed Notice. (a) An agent of the state or any political subdivision thereof, in seeking a court order or warrant, may request a delay on the notification required under section 803 for a period not to exceed ninety days, if there is reason to believe that notification of the existence of the court order may have an adverse result. For the purposes of this subsection, an "adverse result" is one that poses a risk of:

(1) Endangering the life or physical safety of an individual;

(2) Flight from prosecution;

(3) Destruction of or tampering with evidence;

(4) Intimidation of potential witnesses; or

(5) Otherwise seriously jeopardizing an investigation or unduly delaying a trial.

Extensions of the delay of notification of up to ninety days each may be granted by the court upon application, or by certification by the agent of the state or any political subdivision thereof.

(b) Upon expiration of the period of delay of notification, the agent of the state or any political subdivision thereof shall serve upon or deliver by registered or first-class mail to, a copy of the warrant or order upon the person or persons upon whom information was collected together with a notice that

(1) States with reasonable specificity the nature of the law enforcement inquiry; and

(2) Informs the person or persons upon whom information was collected that notification of such customer or subscriber was delayed and which provision of this chapter allowed such delay; and

(3) The governmental entity or court which made the certification or determination of delay.

263B-6 Administrative discipline. If a court or appropriate department or agency determines that an agent of the state or any political subdivision thereof has violated any provision of this chapter, and that the circumstances surrounding the violation raise serious questions about whether or not the agent of the state or any political subdivision thereof acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency, promptly initiate a proceeding to determine whether disciplinary action against the agent of the state or any political subdivision thereof is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, such head shall notify the Attorney General with jurisdiction over the department or agency concerned and shall provide the Attorney General with the reasons for such determination.

263B-7 Reporting. (a) In January of each year, any agent of the state or political subdivision thereof that uses unmanned aerial vehicles shall report to the legislature on activity during the prior year, and shall provide a copy of the report to the office of the administrative director of the courts, information to include:

(1) The number of times an unmanned aerial vehicle was used, organized by the types of incidents and the types of justification for deployment;

(2) The number of crime investigations aided by the use of unmanned aerial vehicles, along with a description of how the unmanned aerial vehicle was helpful to each investigation;

(3) The number of uses of unmanned aerial vehicles for reasons other than criminal investigations, along with a description of how the unmanned aerial vehicle was helpful in each instance;

(4) The frequency and type of data collected on individuals or areas other than targets; and

(5) The total cost of their unmanned aerial vehicle program.

(b) In January of each year, any judge who has in the prior year issued a warrant or order or an extension thereof, or denied approval of an application for a warrant or order, under this section, shall report to the office of the administrative director of the courts :

(1) The number and kind of orders or extensions applied for, granted, modified, or denied;

(2) The period of unmanned aerial vehicle use authorized by the orders, and the number and duration of any extensions of the orders;

(3) The offense specified in the order or application, or extension of an order; and

(4) The identity of the applying agent of the state or political subdivision thereof making the application and the person authorizing the application.

(c) In April of each year the office of the administrative director of the courts shall report to the legislature information for the prior year, including:

(1) A general description of the information gathered in orders or extensions under this section;

(2) The nature and frequency of incriminating conduct gathered;

(3) The number of persons upon whom information was gathered, and

(4) The nature, amount, and cost of the manpower and other resources used in the collection;

(5)The number of arrests resulting from information gathered and the offenses for which arrests were made;

(6)The number of trials resulting from such information;

(7)The number of motions to suppress made with respect to such information, and the number granted or denied; and

(8)The number of convictions resulting from such information and the offenses for which the convictions were obtained and a general assessment of the importance of the information .

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Unmanned Aerial Vehicles; Ban on Surveillance by Drones

Description:

Creates new section relating to unmanned aerial vehicles.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.