00                             HOUSE BILL NO. 159                                                                          
01 "An Act relating to the admissibility of evidence acquired through the use of an                                        
02 unmanned aerial vehicle; establishing a crime for certain uses of unmanned aerial                                       
03 vehicles; and restricting the use of unmanned aerial vehicles for collection of                                         
04 information or investigation by peace officers and other government agents."                                            
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 09.25 is amended by adding a new section to read:                                                  
07            Sec. 09.25.052. Inadmissibility of information acquired by unmanned                                        
08       aerial vehicle. (a) In a civil action or proceeding, information obtained from the                              
09       unlawful operation of an unmanned aerial vehicle is not admissible as evidence and                                
10       may not be used for any purpose except as provided under AS 11.61.260 and                                         
11       AS 18.65.900.                                                                                                     
12            (b)  In this section, "unmanned aerial vehicle" has the meaning given in                                     
13       AS 11.61.260.                                                                                                     
14    * Sec. 2. AS 11.61 is amended by adding a new section to read:                                                     
01            Sec. 11.61.260. Unlawful use of unmanned aerial vehicle. (a) A person                                      
02       commits the crime of unlawful use of an unmanned aerial vehicle if the person                                     
03       knowingly operates an unmanned aerial vehicle in or on the premises of another                                    
04       person or entity for the purpose of acquiring information by the use of a sensing                                 
05       device that is capable of acquiring data from its surroundings, including by a camera,                            
06       microphone, thermal detector, chemical detector, radiation gauge, and wireless                                    
07       receiver.                                                                                                         
08            (b)  This section does not apply to the use of an unmanned aerial vehicle to                                 
09       conduct a search                                                                                                  
10                 (1)  under the express terms of a search warrant issued under AS 12.35;                                 
11                 (2)  in accordance with a judicially recognized exception to the warrant                                
12       requirement in AS 12.35;                                                                                          
13                 (3)  to monitor public land or an international border; or                                              
14                 (4)  to monitor private land with the consent of the landowner.                                         
15            (c)  In this section, "unmanned aerial vehicle" means an aircraft that is                                    
16       operated without direct human intervention from inside or on the aircraft.                                        
17            (d)  Unlawful use of an unmanned aerial vehicle is a class A misdemeanor.                                    
18    * Sec. 3. AS 12.45 is amended by adding a new section to read:                                                     
19            Sec. 12.45.038. Inadmissibility of information acquired by unmanned                                        
20       aerial vehicle. (a) In a criminal action or proceeding, information obtained from the                           
21       unlawful operation of an unmanned aerial vehicle is not admissible as evidence and                                
22       may not be used for any purpose except as provided in AS 11.61.260 and                                            
23       AS 18.65.900.                                                                                                     
24            (b)  In this section, "unmanned aerial vehicle" has the meaning given in                                     
25       AS 11.61.260.                                                                                                     
26    * Sec. 4. AS 18.65 is amended by adding a new section to read:                                                     
27                  Article 13. Use of Unmanned Aerial Vehicles.                                                         
28            Sec. 18.65.900. Use of unmanned aerial vehicles. (a) Except as provided in                                 
29       (b) of this section, a government employee or agent, including a peace officer, may not                           
30       participate in an investigation in which an unmanned aerial vehicle is being used, or                             
31       otherwise direct the use of an unmanned aerial vehicle.                                                           
01            (b)  This section does not apply to the use of an unmanned aerial vehicle for a                              
02       purpose permitted under AS 11.61.260(b).                                                                          
03            (c)  In this section, "unmanned aerial vehicle" has the meaning given in                                     
04       AS 11.61.260.