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HB 1328 - Prohibits the Use of Unmanned Aerial Vehicles Without a Warrant - North Dakota Key Vote

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Title: Prohibits the Use of Unmanned Aerial Vehicles Without a Warrant

Signed by Governor Jack Dalrymple


NOTE: THIS IS A SECOND READING VOTE TO CUT OFF DEBATE ON THE BILL AND ADVANCE IT TO THE THIRD READING IN WHICH AN UP-OR-DOWN VOTE FOR PASSAGE WILL OCCUR.

See How Your Politicians Voted

Title: Prohibits the Use of Unmanned Aerial Vehicles Without a Warrant

Vote Smart's Synopsis:

Vote to pass a bill that establishes warrant requirements for the use of unmanned aerial vehicles by law enforcement agencies.

Highlights:

  • Establishes warrant requirements for the use of an “unmanned aerial vehicle” by a law enforcement agency, including, but not limited to, designation of the individual authorized to use the vehicle, the location where the vehicle will be operated, and whether the vehicle will collect information about an individual (Sec. 3).
  • Exempts the use of an “unmanned aerial vehicle” for the following purposes from the warrant requirements (Sec. 4):
    • To patrol within 25 miles of a national border;
    • To prevent “reasonably suspected” imminent danger to life or bodily harm;
    • To monitor an environmental or weather-related catastrophe; or
    • To conduct research, educational, or development efforts undertaken by or in conjunction with a school or institution of higher education.
  • Defines “unmanned aerial vehicle” as an aerial vehicle that is operated without the possibility of direct human intervention within or on the vehicle, except satellites (Sec. 1).
  • Prohibits a law enforcement agency from authorizing the use of an unmanned aerial vehicle in the following circumstances (Sec. 5):
    • The vehicle is armed with lethal weapons;
    • The vehicle is used for private domestic surveillance without consent; or
    • The vehicle is used to monitor an individual engaged in the lawful exercise of freedom of speech and freedom of assembly. 
  • Prohibits a law enforcement agency from retaining information collected by an unmanned aerial vehicle for more than 90 days if it is not accompanied by a “reasonable and articulable suspicion” that the information contains evidence of a crime or is relevant to an ongoing trial or investigation (Sec. 6).

NOTE: THIS IS A SECOND READING VOTE TO CUT OFF DEBATE ON THE BILL AND ADVANCE IT TO THE THIRD READING IN WHICH AN UP-OR-DOWN VOTE FOR PASSAGE WILL OCCUR.

Full Bill Text

See How Your Politicians Voted

Title: Prohibits the Use of Unmanned Aerial Vehicles Without a Warrant

Vote Smart's Synopsis:

Vote to pass a bill that establishes warrant requirements for the use of unmanned aerial vehicles by law enforcement agencies.

Highlights:

  • Establishes warrant requirements for the use of an “unmanned aerial vehicle” by a law enforcement agency, including, but not limited to, designation of the individual authorized to use the vehicle, the location where the vehicle will be operated, and whether the vehicle will collect information about an individual (Sec. 3).
  • Exempts the use of an “unmanned aerial vehicle” for the following purposes from the warrant requirements (Sec. 4):
    • To patrol within 25 miles of a national border;
    • To prevent “reasonably suspected” imminent danger to life or bodily harm;
    • To monitor an environmental or weather-related catastrophe; or
    • To conduct research, educational, or development efforts undertaken by or in conjunction with a school or institution of higher education.
  • Defines “unmanned aerial vehicle” as an aerial vehicle that is operated without the possibility of direct human intervention within or on the vehicle, except satellites (Sec. 1).
  • Prohibits a law enforcement agency from authorizing the use of an unmanned aerial vehicle in the following circumstances (Sec. 5):
    • The vehicle is armed with lethal weapons;
    • The vehicle is used for private domestic surveillance without consent; or
    • The vehicle is used to monitor an individual engaged in the lawful exercise of freedom of speech and freedom of assembly. 
  • Prohibits a law enforcement agency from retaining information collected by an unmanned aerial vehicle for more than 90 days if it is not accompanied by a “reasonable and articulable suspicion” that the information contains evidence of a crime or is relevant to an ongoing trial or investigation (Sec. 6).

Full Bill Text

Title: Prohibits the Use of Unmanned Aerial Vehicles Without a Warrant

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