Bill Text: OR SB524 | 2013 | Regular Session | Introduced


Bill Title: Relating to drones; declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB524 Detail]

Download: Oregon-2013-SB524-Introduced.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3121

                         Senate Bill 524

Sponsored by Senators SHIELDS, GEORGE (at the request of American
  Civil Liberties Union)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that drone may be used by law enforcement agency for
purpose of surveillance of person only pursuant to warrant or in
emergency circumstances. Provides that law enforcement agency may
use drone to intercept communications only as provided under laws
relating to wiretaps and other interceptions of communications.
  Requires destruction of images and other information acquired
by use of drone within 30 days unless information is needed as
evidence in criminal prosecution.
  Requires that public bodies that use drones adopt policies on
use of drones. Requires procedure for notifying public of
policies on use of drones.
  Prohibits use of weaponized drones by public bodies.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to drones; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Drone' means an unmanned aerial vehicle.
  (b) 'Law enforcement agency' means an agency that employs
police officers, as defined in ORS 133.525, or that prosecutes
offenses.
  (c) 'Public body' has the meaning given in ORS 174.109.
  (2) A law enforcement agency may use a drone for the purpose of
surveillance of a person only if:
  (a) A warrant is issued under ORS 133.525 to 133.703
authorizing use of the drone; or
  (b) The drone is used within a geographically confined,
time-limited emergency situation in which there is risk of
serious physical harm to an individual, and the use of the drone
is thoroughly documented by the law enforcement agency.
  (3) A law enforcement agency may not use a drone for the
purpose of intercepting communications on the ground or in the
air except pursuant to ORS 133.724 or 165.540.
  (4) Any operation of a drone by a law enforcement agency that
is authorized under law must be limited to collection of
information about the target person for which the use is
authorized, and must avoid collection of information on other
persons, residences or places.

  (5) Any images or other information acquired through the use of
a drone by a law enforcement agency must be destroyed within 30
days after the information is acquired unless the information is
needed as evidence in a criminal prosecution.
  (6) A public body may not use a drone that is capable of firing
a bullet or other projectile, or is otherwise capable of being
used as a weapon.
  (7) Any public body that uses drones must adopt policies for
the use of drones that establish:
  (a) Training requirements for operators;
  (b) Criteria for when drones will be used;
  (c) A description of the areas in which drones may be used; and
  (d) A procedure for informing the public of the public body's
policies on the use of drones.
  (8) Use of drones by public bodies must comply with all Federal
Aviation Administration requirements and guidelines. The
acquisition of drones by an agency of a local government must be
approved by the governing body of the local government. + }
  SECTION 2.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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