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S. B. No. 189 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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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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