SSHB 159: "An Act relating to the admissibility of evidence acquired through the use of an unmanned aerial vehicle; establishing a crime for certain uses of unmanned aerial vehicles; and restricting the use of unmanned aerial vehicles for collection of information or investigation by peace officers and other government agents."
00 SPONSOR SUBSTITUTE FOR 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, and in a manner that constitutes an invasion of privacy, operates an 04 unmanned aerial vehicle in or on the premises of the other person or entity for the 05 purpose of acquiring information or monitoring by the use of a sensing device that is 06 capable of acquiring data from its surroundings, including by a camera, microphone, 07 thermal detector, chemical detector, radiation gauge, and wireless receiver. 08 (b) This section does not apply to the use of an unmanned aerial vehicle to 09 (1) conduct a search under the express terms of a search warrant issued 10 under AS 12.35; 11 (2) conduct a search in accordance with a judicially recognized 12 exception to the warrant requirement in AS 12.35; 13 (3) monitor public land or an international border; 14 (4) monitor private land with the consent of the landowner; 15 (5) assist a search and rescue operation for the purpose of rescuing or 16 retrieving a person or a person's remains; 17 (6) assist during an emergency involving an imminent danger of death 18 or serious injury to a person or imminent and substantial damage to property; 19 (7) assist during an emergency involving the release of oil or another 20 hazardous substance, if the release requires prompt action to avert or mitigate 21 environmental harm; in this paragraph, "hazardous substance" has the meaning given 22 in AS 46.03.826; or 23 (8) conduct research, if the research is conducted by an accredited 24 institution of higher education. 25 (c) In this section, 26 (1) "invasion of privacy" means intrusion into a place, and under 27 circumstances, that a person or entity reasonably believes that the person or entity will 28 not be observed; 29 (2) "unmanned aerial vehicle" means an aircraft that is operated 30 without direct human intervention from inside or on the aircraft. 31 (d) Unlawful use of an unmanned aerial vehicle is a class A misdemeanor.
01 * Sec. 3. AS 12.45 is amended by adding a new section to read: 02 Sec. 12.45.038. Inadmissibility of information acquired by unmanned 03 aerial vehicle. (a) In a criminal action or proceeding, information obtained from the 04 unlawful operation of an unmanned aerial vehicle is not admissible as evidence and 05 may not be used for any purpose except as provided in AS 11.61.260 and 06 AS 18.65.900. 07 (b) In this section, "unmanned aerial vehicle" has the meaning given in 08 AS 11.61.260. 09 * Sec. 4. AS 18.65 is amended by adding a new section to read: 10 Article 13. Use of Unmanned Aerial Vehicles. 11 Sec. 18.65.900. Use of unmanned aerial vehicles. (a) Except as provided in 12 (b) of this section, a government employee or agent, including a peace officer, may not 13 participate in an investigation in which an unmanned aerial vehicle is being used, or 14 otherwise direct the use of an unmanned aerial vehicle. 15 (b) This section does not apply to the use of an unmanned aerial vehicle for a 16 purpose permitted under AS 11.61.260(b). 17 (c) In this section, "unmanned aerial vehicle" has the meaning given in 18 AS 11.61.260.