8 LONG TITLE
9 General Description:
10 This bill amends the provisions of Title 63G, Chapter 18, Government Use of
11 Unmanned Aerial Vehicles Act.
12 Highlighted Provisions:
13 This bill:
14 ▸ allows a law enforcement agency to use an unmanned aircraft system to collect
15 certain types of data;
16 ▸ institutes testing requirements for a law enforcement agency's use of an unmanned
17 aircraft system;
18 ▸ amends the reporting requirements for a law enforcement agency that operates an
19 unmanned aircraft system; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
24 This bill provides a special effective date.
25 Utah Code Sections Affected:
27 63G-18-101, as enacted by Laws of Utah 2014, Chapter 399
28 63G-18-102, as enacted by Laws of Utah 2014, Chapter 399
29 63G-18-103, as enacted by Laws of Utah 2014, Chapter 399
30 63G-18-104, as enacted by Laws of Utah 2014, Chapter 399
31 63G-18-105, as enacted by Laws of Utah 2014, Chapter 399
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63G-18-101 is amended to read:
37 63G-18-101. Title.
38 This chapter is known as the "Government Use of Unmanned [
39 Systems Act."
40 Section 2. Section 63G-18-102 is amended to read:
41 63G-18-102. Definitions.
42 As used in this chapter:
43 (1) "Law enforcement agency" means an entity of the state or an entity of a political
44 subdivision of the state, including an entity of a state institution of higher education, that exists
45 primarily to prevent, detect, or prosecute crime and enforce criminal statutes or ordinances.
46 (2) "Nongovernment actor" means a person that is not:
47 (a) an agency, department, division, or other entity within state government;
48 (b) a person employed by or otherwise acting in an official capacity on behalf of the
50 (c) a political subdivision of the state; or
51 (d) a person employed by or otherwise acting in an official capacity on behalf of a
52 political subdivision of the state.
53 (3) "Target" means a person upon whom, or a structure or area upon which, a person:
54 (a) has intentionally collected or attempted to collect information through the operation
55 of an unmanned [
56 (b) plans to collect or attempt to collect information through the operation of an
57 unmanned [
58 (4) "Testing site" means an area that:
59 (a) has boundaries that are clearly identified using GPS coordinates;
60 (b) a law enforcement agency identifies in writing to the Department of Public Safety,
61 including the boundaries identified under Subsection (4)(a);
62 (c) is not more than three square miles; and
63 (d) contains no occupied structures.
65 (i) is capable of sustaining flight; and
66 (ii) operates with no possible direct human intervention from on or within the aircraft.
67 (b) "Unmanned [
68 that is flown:
69 (i) within visual line of sight of the individual operating the aircraft; and
70 (ii) strictly for hobby or recreational purposes.
71 Section 3. Section 63G-18-103 is amended to read:
72 63G-18-103. Unmanned aircraft system use requirements -- Exceptions --
74 (1) A law enforcement agency may not obtain, receive, or use data acquired through an
75 unmanned [
76 (a) pursuant to a search warrant;
77 (b) in accordance with judicially recognized exceptions to warrant requirements; [
78 (c) subject to Subsection (2), from a person who is a nongovernment actor[
79 (d) at a testing site; or
80 (e) to locate a lost or missing person in an area in which a person has no reasonable
81 expectation of privacy.
82 (2) A nongovernment actor may only disclose data acquired through an unmanned
84 (a) the data appears to pertain to the commission of a crime; or
85 (b) the nongovernment actor believes, in good faith, that:
86 (i) the data pertains to an imminent or ongoing emergency involving danger of death or
87 serious bodily injury to an individual; and
88 (ii) disclosing the data would assist in remedying the emergency.
89 (3) A law enforcement agency that obtains, receives, or uses data acquired under
90 Subsection (1)(d) or (e) shall destroy the data as soon as reasonably possible after the law
91 enforcement agency obtains, receives, or uses the data.
92 (4) A law enforcement agency that operates an unmanned aircraft system under
93 Subsection (1)(d) may not operate the unmanned aircraft system outside of the testing site.
94 Section 4. Section 63G-18-104 is amended to read:
95 63G-18-104. Data retention.
96 (1) Except as provided in this section, a law enforcement agency:
97 (a) may not use, copy, or disclose data collected by an unmanned [
98 aircraft system on a person, structure, or area that is not a target; and
99 (b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as
100 reasonably possible after the law enforcement agency collects or receives the data.
101 (2) A law enforcement agency is not required to comply with Subsection (1) if:
102 (a) deleting the data would also require the deletion of data that:
103 (i) relates to the target of the operation; and
104 (ii) is requisite for the success of the operation;
105 (b) the law enforcement agency receives the data:
106 (i) through a court order that:
107 (A) requires a person to release the data to the law enforcement agency; or
108 (B) prohibits the destruction of the data; or
109 (ii) from a person who is a nongovernment actor;
110 (c) (i) the data was collected inadvertently; and
111 (ii) the data appears to pertain to the commission of a crime;
112 (d) (i) the law enforcement agency reasonably determines that the data pertains to an
113 emergency situation; and
114 (ii) using or disclosing the data would assist in remedying the emergency; or
115 (e) the data was collected through the operation of an unmanned [
116 aircraft system over public lands outside of municipal boundaries.
117 Section 5. Section 63G-18-105 is amended to read:
118 63G-18-105. Reporting.
119 (1) [
120 March 31 of each year, a law enforcement agency that operated an unmanned [
121 aircraft system in the previous calendar year shall submit to the Utah Department of Public
122 Safety, and make public on the law enforcement agency's website, a written report containing:
128 helpful to each investigation described in Subsection (1)[
130 by an unmanned [
131 person, structure, or area other than a target in the previous calendar year;
133 not a law enforcement agency, data collected by an unmanned [
136 operated by the law enforcement agency in the previous calendar year[
137 of any funds used to operate the program.
142 of Public Safety on the annual report in the year following the year in which the [
144 (3) A law enforcement agency is not required to submit, under Subsection (1), to the
145 Department of Public Safety information pertaining to the use of an unmanned aircraft system
146 operated at a testing site.
148 all reports received under Subsection (1) during the previous calendar year:
149 (a) transmit to the Government Operations Interim Committee and post on the
150 department's website a report containing:
151 (i) a summary of the information reported to the department;
152 (ii) the total number of issued warrants authorizing the operation of an unmanned
154 (iii) the number of denied warrants for the operation of an unmanned [
155 aircraft system; and
156 (b) post on the department's website each report the department received.
157 Section 6. Effective date.
158 If approved by two-thirds of all the members elected to each house, this bill takes effect
159 upon approval by the governor, or the day following the constitutional time limit of Utah
160 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
161 the date of veto override.