North Dakota
Bill Use of Unmanned Aerial Vehicle (UAV) For Surveillance 13.0664.01000
Legislative Assembly of North Dakota
Introduced by
Representatives Becker, Anderson, Beadle, Heilman, Hofstad, Monson,
Rohr, Toman, Hanson
Senator Sitte
A BILL for an Act to provide for limitations on the use of unmanned
aircraft for surveillance.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1.
Definitions.
As used in this Act:
1. "Law enforcement agency" means a person authorized by law, or funded
by the state, to
investigate or prosecute offenses against the state.
2. "Unmanned aircraft" means any aircraft that is operated without the
possibility of direct
human intervention within or on the aircraft.
3. "Unmanned aircraft system" means an unmanned aircraft and associated
elements, including
communication links and the components that control the unmanned
aircraft, which are required for
the pilot in command to operate safely and efficiently in state
airspace.
SECTION 2.
Prohibited use of unmanned aircraft system.
1. Except as provided in section 4 of this Act, a law enforcement agency
may not use an unmanned
aircraft for surveillance of a person within the state or for the
surveillance of personal or
business property located within the borders of the state to gather
evidence or other information
pertaining to criminal conduct, or conduct in violation of a statute or
regulation except to the
extent authorized in a warrant that satisfies the requirements of the
Constitution of North Dakota.
Sixty-third Legislative Assembly
2. Warrants to conduct surveillance with an unmanned aircraft may only
be issued in
the investigation of a felony. Unmanned aircraft may not be used to
conduct
investigations of misdemeanors, traffic infractions, or other violations of law.
SECTION 3.
Warrant requirement.
A warrant for the use of unmanned aircraft must satisfy the
requirements of the
Constitution of North Dakota. In addition, the warrant must contain a data
collection statement that
includes:
1. The persons that will have the power to authorize the use of the
unmanned
aircraft;
2. The locations in which the unmanned aircraft system will operate;
3. The maximum period for which the unmanned aircraft system will
operate in each flight; and
4. Whether the unmanned aircraft system will collect information or
data about individuals or groups of individuals, and if so:
a. The circumstances under which the unmanned aircraft system will be
used;
and
b. The specific kinds of information or data the unmanned aircraft
system
will collect about individuals and how that information or data, as well as
conclusions drawn from that information or data, will be used, disclosed, and otherwise
handled, including:
(1) The period for which the information or data will be retained;
and
(2) Whether the information or data will be destroyed, and if so,
when and how the information or data will be destroyed.
SECTION 4.
Exceptions.
This Act does not prohibit any use of an unmanned aircraft for
surveillance during the course of:
1. Patrol of national borders. The use of an unmanned aircraft to
patrol within
twenty-five miles [40.23 kilometers] of a national border, for purposes of
policing that
border to prevent or deter the illegal entry of any person, illegal substance,
or
contraband.
2. Exigent circumstances. The use of an unmanned aircraft by a law
enforcement
agency is permitted when exigent circumstances exist. For the purposes of
this
subsection, exigent circumstances exist when a law enforcement agency possesses
reasonable suspicion that absent swift preventative action, there is an imminent
danger to
life or bodily harm.
3. An environmental or weather-related catastrophe. The use of an
unmanned aircraft
by state authorities to preserve public safety, protect property, or
conduct
surveillance for the assessment and evaluation of environmental or weather-related
damage,
erosion, flood, or contamination during a lawfully declared state of emergency.
SECTION 5.
Prohibited surveillance.
This Act prohibits any use of an unmanned aircraft for:
1. Use of force. A state agency may not authorize the use, including
grant a permit
to use, of an unmanned aircraft while armed with any lethal or nonlethal
weapons, including firearms, pepper spray, bean bag guns, mace, and
sound-based weapons.
2. Domestic use in private surveillance. A state agency may not
authorize the use, including granting a permit to use, of an unmanned aircraft to permit
any
private person to conduct surveillance on any other private person without
the express, informed consent of that other person or the owner of any real
property on
which that other private person is present.
3. Surveillance of the exercise of constitutional rights. A state
agency may not
authorize the use, including granting a permit to use, of an unmanned aircraft
for the
purpose of the surveillance of persons engaged in the lawful exercise of the
constitutional right of freedom of speech and freedom of assembly.
SECTION 6.
Remedies for violation.
Any aggrieved party may obtain in a civil action all appropriate
relief to prevent or
remedy a violation of this Act.
SECTION 7.
Prohibitions on the conduct of unmanned aircraft surveillance and the use of acquired surveillance as evidence.
1. Evidence obtained or collected in violation of this Act is not
admissible as
evidence in a criminal prosecution, including use during trial, at sentencing,
before a
grand jury, as rebuttal evidence, or during administrative hearings in any court of
law in the
state.
2. Any imaging or other forms of observational data gathered by
unmanned aircraft surveillance from or concerning the parties or places subjected to
surveillance
in violation of this Act may not be preserved by law enforcement or
government
agencies for any purpose unless required by a court of law.
3. Any imaging or any other forms of data lawfully obtained under this
Act for which
there is not a reasonable and articulable suspicion that those images or
data contain evidence of a crime, or are relevant to an ongoing investigation or
trial, may
not be retained for more than ninety days, unless the retention is attendant
to general
agency guidelines regarding the retention of evidence in criminal cases. In
those
cases, the imaging or other data may not be distributed to agencies, entities,
or
individuals if the distribution is not necessary to meet general agency guidelines
regarding the
retention of evidence in criminal cases.
4. An unmanned aircraft may not conduct any type of surveillance that
would violate state laws regarding the interception of aural communications,
electronic
messaging, personal location data, or acquire video or still images of a person
within a
home or place without first obtaining all required warrants in compliance
with state
statutes relevant to the interception of such voice communications, digital
communications, physical surveillance data, or to capture the still or video images
of a person
or interior or a place for which a search warrant is prerequisite to its lawful
search.
SECTION 8.
Documentation of unmanned aircraft surveillance.
1. The person authorized to conduct the surveillance under this Act
shall document
all use of unmanned aircraft for surveillance. The person shall document
all surveillance flights as to duration, flight path, and mission objectives,
including the
names of place or persons authorized to be subject to surveillance.
2. The flight information must be certified as accurate and complete
by the
supervising person authorized by a court to conduct the surveillance.
3. The flight information required under this section must be
retained for five
years.
4. Except for the operational capabilities of the unmanned aircraft
system and
other operational information strictly related to the technical conduct and
physical
security of the surveillance operation, a person before a court of law who has
been a
target of unmanned aircraft surveillance must be permitted to obtain by
proper motion to the court all
information relating to the person acquired in the course of the
surveillance.
5. Other persons who have an interest in obtaining the documentation
required by this section
may obtain that documentation pursuant to chapter 44-04.
Note: Homeland Surveillance & Electronics LLC
Mission is also to protect the privacy rights of the individuals and to work
with government agencies, organizations and businesses to help insure that those rights are not infringed.
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