HB 1373 - Limits the Use of Unmanned Aircrafts - North Dakota Key Vote

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Title: Limits the Use of Unmanned Aircrafts

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the use of unmanned aircraft for surveillance without a warrant.

Highlights:

  • Prohibits law enforcement agencies from using unmanned aircraft for the surveillance of an individual, personal property, or business property within the state of North Dakota without a warrant (Sec. 2).
  • Authorizes law enforcement agencies to use unmanned aircraft for surveillance without a warrant in the following circumstances (Sec. 3):
    • Conducting national border patrols;
    • When there is reasonable suspicion that without immediate action there is an imminent threat to life or bodily harm;
    • During an environmental or weather-related catastrophe; and
    • Testing, training, education, or research of unmanned aircraft and associated elements.
  • Prohibits the use of unmanned aircraft in any circumstance if the aircraft is (Sec. 4):
    • Armed with lethal or non-lethal weapons;
    • Being used for private surveillance of an individual without the individual’s consent or the consent of the owner of the property; or
    • Being used for surveillance of an individual who is lawfully exercising the constitutional right of freedom of speech and assembly. 
  • Specifies that evidence collected in violation of this act is not admissible in a criminal prosecution (Sec. 6).
  • Prohibits this act from limiting, constraining, or adversely impacting testing and operations of a state test range under the FAA Modernization and Reform Act of 2012 (Sec. 8).
  • Requires the legislative management to consider studying the implications of using unmanned aircraft systems for surveillance purposes and to report the findings and recommendations to the 2014 legislative assembly (Sec. 9).

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