Unmanned aerial surveillance.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0038

HOUSE BILL
NO.

HB0105

Unmanned
a
erial surveillance.

Sponsored by:
Representative(s) Loucks, Cannady, Halverson, Hunt, Jaggi, Kroeker, Krone, McKim, Miller,
Winters
and Zwonitzer, Dn. and Senator(s) Case

A BILL

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.

This article shall be known and may be cited as the "Unmanned 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 be 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
‑
1004
, 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, section 4 of the Wyoming constitution
.

7
‑
3
‑
1004
.

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 imminent 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
‑
1005
.

Prohibition of use of evidence.

No evidence obtained or collected through surveillance of a person without a warrant in violation of this article
is admissible in any court in any
criminal proceeding
.

Section 2.

Th
is act is effective July 1, 2014
.

(END)

1
HB0105