130th Ohio General Assembly
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S. B. No. 189  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 189


Senator Jordan 



A BILL
To enact sections 4561.51 to 4561.58 of the Revised Code to regulate the use of unmanned aerial vehicles in this state.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 4561.51, 4561.52, 4561.53, 4561.54, 4561.55, 4561.56, 4561.57, and 4561.58 of the Revised Code be enacted to read as follows:
Sec. 4561.51.  As used in sections 4561.51 to 4561.58 of the Revised Code:
(A) "Employee" means a person who is employed by a department or agency of either this state or a political subdivision of this state. "Employee" includes a person who works on behalf of such a department or agency pursuant to a contract executed between the department or agency and the person or the person's employer.
(B) "Unmanned aerial vehicle" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
Sec. 4561.52.  Any operation of an unmanned aerial vehicle in this state shall comply fully with all applicable federal aviation administration requirements and guidelines. Acquisition of an unmanned aerial vehicle by a department or agency of this state shall be approved by the head of the department or agency seeking such acquisition. Acquisition of an unmanned aerial vehicle by a department or agency of a political subdivision of this state shall be approved by the legislative authority of the political subdivision seeking such acquisition.
Sec. 4561.53.  (A) No employee shall operate an unmanned aerial vehicle unless authorized to do so under section 4561.54 of the Revised Code.
(B) No employee shall disclose information acquired through the authorized operation of an unmanned aerial vehicle except as provided in section 4561.54 of the Revised Code.
Sec. 4561.54.  (A) An employee may operate an unmanned aerial vehicle and disclose information acquired through the operation of the unmanned aerial vehicle only as follows:
(1) A person provides a written statement to such an employee giving the employee permission to operate the unmanned aerial vehicle for purposes of acquiring information about the person and to disclose information about the person that is acquired through operation of the unmanned aerial vehicle.
(2) The employee determines that there is reasonable cause to believe that an emergency situation exists in which there is an immediate threat to the life or safety of a person, and, in order to assist that person, operation of an unmanned aerial vehicle and the reception and disclosure of information acquired through such operation is necessary, subject to both of the following:
(a) A written request for the use of the unmanned aerial vehicle is made to the applicable department or agency that documents the factual basis for the emergency;
(b) Not later than forty-eight hours after the employee begins operation of the unmanned aerial vehicle, an official with supervisory authority or power over the employee files a sworn statement with the court of common pleas that has jurisdiction over the location of the person whose life or safety was threatened, setting forth the grounds for the emergency use of the unmanned aerial vehicle.
(3)(a) The employee determines that there is reasonable cause to believe that an emergency situation exists that involves conspiratorial activities that threaten the national security interests of the United States or that are characteristic of organized crime, and all of the following apply:
(i) Operation of an unmanned aerial vehicle is required before a warrant or order authorizing such operation, with due diligence, can be obtained;
(ii) There are grounds upon which such a warrant or order could be issued to authorize such operation;
(iii) An application for a warrant or order approving such operation is made in the appropriate court of common pleas within forty-eight hours after operation of the unmanned aerial vehicle has occurred or begins to occur.
(b) In the absence of a warrant or order described in division (A)(3)(a)(iii) of this section, operation of an unmanned aerial vehicle carried out under division (A)(3) of this section shall terminate immediately upon obtaining the information concerning the emergency situation or upon the denial of the application for a warrant or order, whichever is earlier.
(c) If an application for a warrant or order described in division (A)(3)(a)(iii) of this section is denied, all information obtained from the operation of the unmanned aerial vehicle under division (A)(3) of this section shall be deemed as having been obtained in violation of sections 4561.51 to 4561.58 of the Revised Code. Notice of such denial and the status of the information shall be served on the person named in the application for the warrant or order who is the target of the unmanned aerial vehicle.
(4) The unmanned aerial vehicle is operated in order to collect information from private property pursuant to a warrant issued by the court of common pleas that has jurisdiction over the property.
(5) The unmanned aerial vehicle is operated in order to collect information from public property; provided, that in such a circumstance the operation shall be conducted pursuant to a warrant or order issued by the court of common pleas that has jurisdiction over the subject area. The court shall issue the warrant or order only if the employee offers to the court specific and articulable facts that demonstrate reasonable suspicion of criminal activity, that the operation of the public unmanned aircraft system will uncover such activity, and that alternative methods of data collection are either cost-prohibitive or present a significant risk of bodily harm to any person. No order issued under division (A)(5) of this section shall be issued for a period greater than forty-eight hours. The court may grant extensions of the order, but in no case shall an extension be longer than the issuing judge determines necessary to achieve the purposes for which it was granted. No extension shall be granted for more than thirty days.
(6) The unmanned aerial vehicle is being used to collect information and none of the information acquired through the operation of the unmanned aerial vehicle and no evidence derived from such operation is to 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 this state or a political subdivision of this state, or is to be used for any intelligence purpose.
(B) When an unmanned aerial vehicle is used in any of the circumstances described in division (A) of this section, it shall be operated in a manner to collect data only on the person who is the target of the unmanned aerial vehicle and shall avoid data collection on individuals, homes, or areas other than the target.
(C) No data collected through operation of an unmanned aerial vehicle on an individual, home, or area other than the target person who justified deployment of the vehicle shall be used, copied, or disclosed for any purpose. Such data shall be deleted and overwritten as soon as possible, and in no event later than twenty-four hours after collection. Neither facial recognition nor other biometric matching technology shall be used on nontarget data collected by an unmanned aerial vehicle.
Sec. 4561.55.  When an employee operates an unmanned aerial vehicle, none of the information acquired from such operation and no evidence derived from such operation shall 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 this state or a political subdivision if the information is obtained in violation of sections 4561.51 to 4561.58 of the Revised Code or the disclosure of that information would be in violation of sections 4561.51 to 4561.58 of the Revised Code.
Sec. 4561.56.  No unmanned aerial vehicle shall be equipped with any weapon of any kind.
Sec. 4561.57.  (A) Any person who is injured in any manner due to a violation of sections 4561.51 to 4561.56 of the Revised Code may file an action with the appropriate court of common pleas.
(B) If a court or department or agency of this state determines that an employee of this state has violated any provision of sections 4561.51 to 4561.56 of the Revised Code and the court or department or agency finds that the employee acted willfully or intentionally with respect to the violation, the department or agency, upon receipt of a true and correct copy of the decision and findings of the court or upon a written determination of such decision and findings by the department or agency, shall initiate promptly a proceeding to determine whether disciplinary action against the employee by the department or agency is warranted. The head of the department or agency that employs the employee shall determine whether or not disciplinary action is warranted, and upon such determination shall notify the inspector general and provide the inspector general with the reasons for such determination.
Sec. 4561.58.  (A) Not later than the last day of June of each year, any department or agency of this state or of any political subdivision that operated or had operated on its behalf an unmanned aerial vehicle during the immediately preceding twelve months shall report to the general assembly, and make public on its web site, all of the following information:
(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 criminal investigations that were aided by the use of unmanned aerial vehicles, including a description of how the unmanned aerial vehicle was of assistance to each investigation;
(3) The number of times unmanned aerial vehicles were used for reasons other than criminal investigations, including a description of how the unmanned aerial vehicle was of assistance in each instance;
(4) The frequency and type of data collected on individuals or areas other than targets;
(5) The total cost to the department, agency, or political subdivision of its unmanned aerial vehicle program.
(B) Not later than the last day of January of each year, any judge who issued an order or an extension of an order under sections 4561.51 to 4561.58 of the Revised Code that expired during the preceding calendar year, or who denied issuance of such an order or extension during that year, shall submit to the attorney general a report that contains all of the following:
(1) The fact that an order or extension was applied for;
(2) The kind of order or extension that was applied for;
(3) The fact that the order or extension was granted as applied for, was modified, or was denied;
(4) The period of unmanned aerial vehicle use authorized by the order, and the number and duration of any extensions of the order that were issued;
(5) The offense specified in the order or application, or extension of an order;
(6) The name of the employee who made the application and the name of the person who authorized the application.
(C)(1) Not later than the last day of June of each year, the attorney general shall compile a report that contains all of the following:
(a) The information described in divisions (B)(1) to (6) of this section with respect to each application for an order or extension made during the preceding calendar year;
(b) A general description of the information gathered under such orders or extensions, including all of the following:
(i) The approximate nature and frequency of incriminating conduct gathered;
(ii) The approximate number of persons upon whom information was gathered;
(iii) The approximate nature, amount, and cost of the manpower and other resources used in the collection.
(c) The number of arrests resulting from information gathered and the offenses for which arrests were made;
(d) The number of trials resulting from such information;
(e) The number of motions to suppress made with respect to such information, and the number granted or denied;
(f) The number of convictions resulting from such information and the offenses for which the convictions were obtained;
(g) A general assessment of the importance of the information;
(h) A summary and analysis of the data described in divisions (B)(1) to (6) and (C)(1)(a) to (g) of this section.
(2) Not later than the last day of June of each year, the attorney general shall transmit to the general assembly and post on the web site of the attorney general the report described in division (C)(1) of this section.
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