SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2015 SESSION

  • | print version

SB 1301 Unmanned aircraft systems; use by public bodies during execution of a search warrant, exception.

Introduced by: A. Donald McEachin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Use of unmanned aircraft systems by public bodies; search warrant required. Replaces the moratorium currently set to expire on July 1, 2015, on the use of unmanned aircraft systems by state and local law-enforcement and regulatory entities, except in defined emergency situations or in training exercises related to such situations, with an absolute prohibition on the use of unmanned aircraft systems by such law-enforcement and regulatory entities unless a search warrant has been obtained prior to such use. The warrant requirement does not apply to (i) utilization of such systems to support the Commonwealth for purposes other than law enforcement; (ii) certain search and rescue operations; (iii) certain Virginia National Guard and United States Armed Forces functions; (iv) research and development conducted by institutions of higher education or other research organizations; or (v) the use of unmanned aircraft systems for private, commercial, or recreational use.

SUMMARY AS PASSED SENATE:

Unmanned aircraft systems; use by public bodies; search warrant requirements. Provides that no state or local government department, agency, or instrumentality having jurisdiction over criminal law enforcement or regulatory violations shall utilize an unmanned aircraft system, as defined in the bill, except during the execution of a search warrant. The bill permits the deployment of unmanned aircraft systems without a warrant in certain emergency situations, when consent is obtained, or for purposes other than law enforcement. Evidence obtained through the utilization of an unmanned aircraft system in violation of the warrant requirement is not admissible in any criminal or civil proceeding. The bill prohibits state and local governmental entities from deploying or facilitating the use of a weaponized unmanned aircraft system in the Commonwealth.  A moratorium on the use of unmanned aircraft systems by state and local law enforcement and regulatory entities, except in defined emergency situations or in training exercises related to such situations, will expire on July 1, 2015.

SUMMARY AS INTRODUCED:

Limitations on use of drone aircraft; penalties. Creates a Class 1 misdemeanor for the operation, manufacture, sale, or distribution of an unmanned aircraft system (drone) as a weapon or to deliver a weapon. The bill provides that no governmental agency or organization having jurisdiction over criminal or regulatory violations, including the Department of State Police, nor any local law-enforcement department, may procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill requires a warrant for governmental use of such an aircraft. Law-enforcement officers and other public officials may operate a public unmanned aircraft system and disclose personal information from such operation under certain emergency situations without a warrant. The bill also provides that it is not unlawful for a public institution of higher education or other research organizations and institutions to operate a drone aircraft solely for research and development purposes. The bill contains extensive procedural guarantees against the release of personal information and establishes reporting requirements by agencies and courts with respect to use of and data collected by such aircraft.