Bill Text: AZ HB2613 | 2014 | Fifty-first Legislature 2nd Regular | Introduced

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Bill Title: Surveillance devices; limitations; violation

Spectrum: Strong Partisan Bill (Republican 23-2)

Status: (Introduced - Dead) 2014-02-17 - Referred to House JUD Committee [HB2613 Detail]

Download: Arizona-2014-HB2613-Introduced.html

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REFERENCE TITLE: surveillance devices; limitations; violation

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2613

 

Introduced by

Representatives Thorpe, Borrelli, Kwasman, Townsend: Barton, Boyer, Campbell, Cardenas, Dial, Fann, Forese, Gowan, Lesko, Livingston, Mitchell, Montenegro, Orr, Pierce J, Seel, Shope, Smith, Ugenti, Senators Burges, Crandell, Shooter

 

 

AN ACT

 

amending section 13-1502, Arizona Revised Statutes; amending title 41, Arizona Revised Statutes, by adding chapter 51; relating to mobile surveillance devices.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-1502, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1502.  Criminal trespass in the third degree; classification

A.  A person commits criminal trespass in the third degree by:

1.  Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2.  Knowingly entering or remaining unlawfully on the right‑of‑way for tracks, or the storage or switching yards or rolling stock of a railroad company.

3.  Knowingly using a mobile surveillance device to observe individuals or private property without permission.

B.  Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.

C.  Criminal trespass in the third degree is a class 3 misdemeanor. END_STATUTE

Sec. 2.  Title 41, Arizona Revised Statutes, is amended by adding chapter 51, to read:

CHAPTER 51

MOBILE SURVEILLANCE DEVICES

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE41-5030.  Limitation on use of mobile surveillance devices; definitions

A.  A government agency or law enforcement officer may not use a mobile surveillance device to observe individuals or private property without permission unless the use of the mobile surveillance device occurs either:

1.  Pursuant to a search warrant that authorizes the use of the mobile surveillance device.

2.  During a state of emergency.

B.  For the purposes of this section:

1.  "Mobile surveillance device" means a powered or unpowered aerial vehicle that Does not carry a human operator and that may be operated by remote control.

2.  "State of emergency" has the same meaning prescribed in section 26‑301.END_STATUTE