Unmanned aerial surveillance.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0050

HOUSE BILL
NO.
HB0242

Unmanned aerial
surveillance.

Sponsored by:
Representative(s) Loucks,

Hunt
,
Jaggi
,
Kroeker
,

Krone
,
Lubnau
, Miller
and
Reeder
and Senator(s) Case

A BILL

for

AN ACT relating to criminal procedure; requiring
a
warrant for unmanned aerial surveillance;

providing for exceptions;
prohibiting use of evidence obtained without required warrant;

and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
‑
3-1001
through 7
‑
3
‑
1005
are created to read:

ARTICLE 10
UNMANNED AERIAL SURVEILLANCE

7
‑
3
‑
1001.

Short title.

T
his article
shall be known and may be cited as the "Un
manned Aerial
Surveillance Act."

7
‑
3
‑
1002
.

Definitions.

(a)

As used in this
article
:

(i)

"Drone" means any powered, aerial vehicle that:

(A)

Does not carry a human operator;

(B)

Uses aerodynamic forces to provide vehicle lift;

(C)

Can fly autonomously or be piloted remotely;
and

(D)

Can b
e expendable or recoverable.

(ii)

"Law enforcement agency" means

a lawfully established federal, state or local public agency that is responsible for the prevention and detection of crime and
the enforcement of penal, traff
ic, regulatory or criminal laws.

7
‑
3
‑
1003
.

Prohibited use of drones
.

Except as provided in
W.S.
7
‑
3
‑
100
4
, a
law enforcement agency
shall not use a drone 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 fourth a
mendment to the United States
constitution
and article 1, s
ection 4 of the Wyoming c
onstitution
.

7
‑
3
‑
100
4
.

Exceptions.

(a)

This article
does not prohibit any of the following:

(i)

The use of a drone by a law enforcement
agency
when exigent circumstances exist. For the purposes of this paragraph, exigent circumstances exist when the law enforcement
agency
possesses reasonable suspicion that under
the
particular circumstances, swift action to prevent immin
ent danger to life is necessary;

(
ii
)

The use of a drone to counter a high risk of a terrorist attack by a specific individual or organization, when the
director of the office of homeland security
determines credible intelligence indicates there is such a risk
;

(iii)

The use of a drone by a law enforcement agency to investigate the commission of a felony which the agency has reasonable suspicion to believe is in progress;

(iv)

The use of a drone to assist a law enforcement agency in fresh pursuit of a person the agency has probable cause to believe has committed a felony.

7
‑
3
‑
100
5
.

Prohibition of use of evidence.

No evidence obtained or
collected
through surveillance of a person without a warrant
in violation of this a
rticle

is admissible in any court in any
criminal
proceeding
.

Section 2.

Th
is act is effective July 1, 2013
.

(END)

1
HB0242