Second Substitute S.B. 167
7 LONG TITLE
8 General Description:
9 This bill establishes provisions for the appropriate use of an unmanned aerial vehicle.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . enacts the "Government Use of Unmanned Aerial Vehicles Act";
14 . prohibits a law enforcement agency from obtaining data through an unmanned aerial
15 vehicle unless the data was obtained:
16 . pursuant to a warrant; or
17 . in accordance with judicially recognized exceptions to warrant requirements;
18 . establishes requirements for the retention and use of data collected by an unmanned
19 aerial vehicle;
20 . establishes reporting requirements for:
21 . a law enforcement agency that operates an unmanned aerial vehicle; and
22 . the Utah Department of Public Safety; and
23 . provides a statement of intent.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 63G-18-101 , Utah Code Annotated 1953
31 63G-18-102 , Utah Code Annotated 1953
32 63G-18-103 , Utah Code Annotated 1953
33 63G-18-104 , Utah Code Annotated 1953
34 63G-18-105 , Utah Code Annotated 1953
35 Uncodified Material Affected:
36 ENACTS UNCODIFIED MATERIAL
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 63G-18-101 is enacted to read:
41 63G-18-101. Title.
42 This chapter is known as the "Government Use of Unmanned Aerial Vehicles Act."
43 Section 2. Section 63G-18-102 is enacted to read:
44 63G-18-102. Definitions.
45 As used in this chapter:
46 (1) "Law enforcement agency" means an entity of the state or an entity of a political
47 subdivision of the state, including an entity of a state institution of higher education, that exists
48 primarily to prevent, detect, or prosecute crime and enforce criminal statutes or ordinances.
49 (2) "Non-government actor" means a person that is not:
50 (a) an agency, department, division, or other entity within state government;
51 (b) a person employed by or acting in an official capacity on behalf of the state;
52 (c) a political subdivision of the state; or
53 (d) a person employed by or acting in an official capacity on behalf of a political
54 subdivision of the state.
55 (3) "Target" means a person upon whom, or a structure or area upon which a person:
56 (a) has intentionally collected or attempted to collect information through the operation
57 of an unmanned aerial vehicle; or
58 (b) plans to collect or attempt to collect information through the operation of an
59 unmanned aerial vehicle.
60 (4) (a) "Unmanned aerial vehicle" means an aircraft that:
61 (i) is capable of sustaining flight; and
62 (ii) operates with no possible direct human intervention from on or within the aircraft.
63 (b) "Unmanned aerial vehicle" does not include an unmanned aircraft that is flown:
64 (i) within visual line of sight of the individual operating the aircraft; and
65 (ii) strictly for hobby or recreational purposes.
66 Section 3. Section 63G-18-103 is enacted to read:
67 63G-18-103. Warrant required -- Exceptions.
68 A law enforcement agency may not obtain, receive, or use data acquired through an
69 unmanned aerial vehicle unless the data is obtained:
70 (1) pursuant to a search warrant;
71 (2) in accordance with judicially recognized exceptions to warrant requirements; or
72 (3) from a person who is a non-government actor.
73 Section 4. Section 63G-18-104 is enacted to read:
74 63G-18-104. Data retention.
75 (1) Except as provided in this section, a law enforcement agency:
76 (a) may not use, copy, or disclose data collected by an unmanned aerial vehicle on a
77 person, structure, or area that is not a target; and
78 (b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as is
79 reasonably possible after the law enforcement agency collects or receives the data.
80 (2) A law enforcement agency is not required to comply with Subsection (1) if:
81 (a) deleting the data would also require the deletion of data that:
82 (i) relates to the target of the operation; and
83 (ii) is requisite for the success of the operation;
84 (b) the law enforcement agency receives the data:
85 (i) through a court order that:
86 (A) requires a person to release the data to the law enforcement agency; or
87 (B) prohibits the destruction of the data; or
88 (ii) from a person who is a non-government actor;
89 (c) (i) the data was collected inadvertently; and
90 (ii) the data appears to pertain to the commission of a crime;
91 (d) (i) the law enforcement agency reasonably determines that the data pertains to an
92 emergency situation; and
93 (ii) using or disclosing the data would assist in remedying the emergency; or
94 (e) the data was collected through the operation of an unmanned aerial vehicle over
95 public lands outside of municipal boundaries.
96 Section 5. Section 63G-18-105 is enacted to read:
97 63G-18-105. Reporting.
98 (1) (a) Except as provided by Subsection (1)(b), before March 31 of each year, a law
99 enforcement agency that operated an unmanned aerial vehicle in the previous calendar year
100 shall submit to the Utah Department of Public Safety, and make public on the law enforcement
101 agency's website, a written report containing:
102 (i) the number of times the law enforcement agency operated an unmanned aerial
103 vehicle in the previous calendar year;
104 (ii) the number of criminal investigations aided by the use of an unmanned aerial
105 vehicle operated by the law enforcement agency in the previous calendar year;
106 (iii) a description of how the unmanned aerial vehicle was helpful to each investigation
107 described in Subsection (1)(a)(ii);
108 (iv) the frequency with which data was collected, and the type of data collected, by an
109 unmanned aerial vehicle operated by the law enforcement agency on any person, structure, or
110 area other than a target in the previous calendar year;
111 (v) the number of times a law enforcement agency received, from a person who is not a
112 law enforcement agency, data collected by an unmanned aerial vehicle.
113 (vi) the total cost of the unmanned aerial vehicle program operated by the law
114 enforcement agency in the previous calendar year.
115 (b) (i) A law enforcement agency that submits a report described in Subsection (1)(a)
116 may exclude from the report information pertaining to an ongoing investigation.
117 (ii) A law enforcement agency that excludes information under Subsection (1)(b)(i)
118 from the report shall report the excluded information to the Utah Department of Public Safety
119 on the annual report in the year following the year in which information was excluded.
120 (2) Before May 31 of each year, the Utah Department of Public Safety shall, for all
121 reports received under Subsection (1) during the previous calendar year:
122 (a) transmit to the Government Operations Interim Committee and post on the
123 department's website a report containing:
124 (i) a summary of the information reported to the department;
125 (ii) the total number of issued warrants authorizing the operation of an unmanned aerial
126 vehicle; and
127 (iii) the number of denied warrants for the operation of an unmanned aerial vehicle;
129 (b) post on the department's website each report the department received.
130 Section 6. Statement of intent.
131 This chapter is intended to govern the use of an unmanned aerial vehicle by a law
132 enforcement agency. Nothing herein is intended to prohibit or impede the public and private
133 research, development, or manufacture of unmanned aerial vehicles. Unmanned aerial vehicles
134 will provide promising technological advances which, if properly developed, will prove
135 beneficial to the health, safety, and welfare of the citizens of this state and greater society.
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