HB1827.DOC

SECTION 1. The legislature finds that technological advances have provided new and unique equipment that may be utilized for surveillance purposes. These technological advances often outpace statutory protections and can lead to inconsistent or contradictory interpretations between jurisdictions. The legislature finds that regardless of application or size, the use of unmanned aircraft systems or "drones", without public debate or clear legal authority, creates uncertainty for citizens and agencies throughout Hawaii. The legislature finds that drones present a substantial privacy risk potentially contrary to the strong privacy protections enshrined in the Hawaii State Constitution. The legislature further finds that the lack of clear statutory authority for the use of unmanned aircraft systems may increase liability to state and local jurisdictions.

The purpose of this Act is to provide clear standards for the lawful use of unmanned aircraft systems by state and local jurisdictions.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

UNMANNED AIRCRAFT SYSTEMS

§ -1 Definitions. As used in this chapter, unless the context otherwise requires:

"Agency" means any office, department, authority, board, commission, bureau, division, public corporation, entity, or other instrumentality of the State or its political subdivisions.

"Biometric identification system" means technology that collects unique physical and behavioral characteristics including, but not limited to, biographical data, facial photographs, fingerprints, and iris scans to identify individuals.

"Law enforcement agency" means any county police department, the department of public safety, and any state or county public body that employs law enforcement officers.

"Person" includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Personal information" means all information that:

(1) Describes, locates, or indexes anything about a person including, but not limited to, social security number, driver's license number, agency-issued identification number, student identification number, real or personal property holdings derived from tax returns, educational records, financial transactions, medical history, ancestry, religion, political ideology, or criminal or employment record;

(2) Affords a basis for inferring personal characteristics, such as fingerprints, voice prints, photographs;

(3) Indicates a record of a person's presence, registration, or membership in an organization or activity, or admission to an institution; or

(4) Describes, locates, or indexes anything about a person including, but not limited to, intellectual property, trade secrets, proprietary information, or operational information.

"Public unmanned aircraft system" means an unmanned aircraft system operated by an agency or at the direction of or under the control of an agency.

"Sensing device" means a device capable of acquiring data or information from its surroundings including, but not limited to, cameras using visible, ultraviolet, or infrared frequencies, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency.

"Trade secret" means information, including a formula, pattern, compilation, program device, method, technique, or process that:

(1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

"Unmanned aircraft" means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.

"Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.

§ -2 Public unmanned aircraft system; prohibitions. Except as specifically authorized in this chapter, it shall be unlawful to operate a public unmanned aircraft system or disclose personal information about any person acquired through the operation of a public unmanned aircraft system.

§ -3 Procurement of public unmanned aircraft system; approval required. (a) No state agency having jurisdiction over criminal law enforcement or regulatory violations shall procure a public unmanned aircraft system without the approval of the legislature by concurrent resolution.

(b) No county agency having jurisdiction over criminal law enforcement or regulatory violations shall procure a public unmanned aircraft system without the approval of the respective county council.

§ -4 Minimize collection of personal information. All operations of a public unmanned aircraft system or disclosure of personal information about any person acquired through the operation of a public unmanned aircraft system shall be conducted in such a manner as to minimize the collection and disclosure of personal information not authorized under this chapter.

§ -5 Search warrant required. (a) A public unmanned aircraft system may be operated and personal information from the operation may be disclosed in order to collect personal information only pursuant to a search criminal warrant authorizing the use of the public unmanned aircraft system.

(b) Each application for a search warrant for the use of a public unmanned aircraft system and personal information collected from the operation shall be made in the county where the public unmanned aircraft system is to be operated.

(1) The identity of the applicant and the identity of the agency conducting the investigation;

(2) The identity of the individual and jurisdictional area for which use of the public unmanned aircraft is being requested;

(3) Specific and articulable facts demonstrating probable cause to believe that there is criminal activity and that the operation of the public unmanned aircraft system will uncover evidence of the activity; and

(4) The name of the county where there is probable cause to believe that the offense for which use of the public unmanned aircraft system is sought has been committed, is being committed, or will be committed.

(d) If the judge or other magistrate finds, based on the affidavit submitted, that there is probable cause to believe that a crime has been committed, is being committed, or will be committed and that there is probable cause to believe the personal information likely to be obtained from the use of the public unmanned aircraft system will be evidence of the commission of the offense, the judge or other magistrate may issue a search warrant authorizing than use of the public unmanned aircraft system. The search warrant shall authorize the collection of personal information contained in or obtained from the public unmanned aircraft system but shall not authorize the use of a biometric identification system.

(e) A search warrant shall not be issued for a period greater than forty-eight hours. Extensions may be granted for no longer than is deemed necessary to achieve the purposes for which it was granted, and in no event for longer than thirty days.

(f) Within ten days of the execution of a search warrant, the law enforcement officer executing the warrant shall serve a copy of the warrant upon the person or persons upon whom personal information was collected; provided that notice may be delayed pursuant to section -6.

§ -6 Search warrant; delay of notice. (a) A law enforcement agency may include in an application for a search warrant a request, which shall be granted, for an order delaying the notification required under section -5(f) for a period not to exceed ninety days if the judge or other magistrate determines that there is a reason to believe that notification of the existence of the warrant may have an adverse result.

(b) For the purposes of this section, an "adverse result" means a situation that:

(1) Places the life or physical safety of an individual in danger;

(2) Causes a person to flee from prosecution;

(3) Causes the destruction of or tampering with evidence;

(4) Causes the intimidation of potential witnesses; or

(5) Jeopardizes an investigation or unduly delays a trial.

(c) A judge or other magistrate may extend a delay of notification for up to ninety days upon application or by certification by a law enforcement agency.

(d) Upon expiration of the period of delay of notification the law enforcement agency shall serve a copy of the warrant upon the person or persons upon whom personal information was collected together with notice that:

(1) States with reasonable specificity the nature of the law enforcement inquiry; and

(2) Informs the person or persons upon whom personal information was collected that notification was delayed.

§ -7 Emergency situation; exception to search warrant requirement. (a) Nothing in this chapter shall prohibit a law enforcement agency from operating a public unmanned aircraft system and disclosing personal information from the operation if it is determined that an emergency situation exists and:

(1) The emergency situation that involves immediate danger of death or serious physical injury to any person;

(2) The emergency situation requires operation of a public unmanned aircraft system before a search warrant can, with due diligence, be obtained; and

(3) There exist grounds upon which a search warrant could be issued to authorize the operation; and

(4) An application for a search warrant is made within forty-eight hours after the operation has occurred or begins to occur.

(b) In the absence of a search warrant, an operation of a public unmanned aircraft system carried out under this subsection shall terminate immediately when the personal information sought is obtained or when the application for the search warrant is denied, whichever is earlier.

(c) If an application for a search warrant made under subsection (a)(4) is denied, the personal information obtained from the operation of the public unmanned aircraft system shall be treated as having been obtained in violation of this section and an inventory of the personal information collected shall be served on the person named in the application.

§ -8 Evidence. No personal information obtained or collected in violation of this chapter shall be admissible as evidence in a criminal prosecution in any court of law of this State.

§ -9 Disclosure of personal information. (a) No personal information collected other than as provided in sections -5 and -7 shall be used, copied, or disclosed for any purpose and shall be deleted as soon as possible, and in no event later than twenty-four hours after collection.

§ -10 Compliance with applicable laws. Any use of an unmanned aircraft system in the State shall comply with applicable federal laws and Federal Aviation Administration requirements and guidelines.

§ -11 Annual report. By July 1 of each year, each law enforcement agency that applied for a search warrant for the use of a public unmanned aircraft system shall report the following information to the legislature:

(1) The number of search warrants and extensions that were requested and the number of search warrants and extensions that were issued;

(2) A general description of the information gathered under search warrants or extensions including:

(A) The approximate nature and frequency of incriminating conduct gathered;

(B) The approximate number of persons upon whom information was gathered; and

(3) The number of arrests resulting from information gathered under a search warrant or extension and the offenses for which arrests were made;

(4) The number of trials resulting from the information;

(5) The number of motions to suppress made with respect to the information and the number granted or denied;

(6) The number of convictions resulting from the information and the offenses for which the convictions were obtained and a general assessment of the importance of the information; and

(7) The overall cost to the agency of acquiring, maintaining, and operating a public unmanned aircraft system.

§ -12 Agency policies. By July 1, 2015, each state law enforcement agency and each county police department shall establish policies and procedures for the use of public unmanned aircraft systems."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1827
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII