Bill Summary for H 312 (2013-2014)

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Summary date: 

Mar 13 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 312 (Public) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT TO REGULATE THE USE OF DRONES TO CONDUCT SEARCHES.
Intro. by Setzer, Moffitt, D. Hall, Harrison.

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Bill summary

Amends GS Chapter 15A, by adding a new section GS 15A-232 (Searches using a drone), first providing definitions for use in this section, including drone, person, and search warrant.

Provides, that except for the exceptions provided for in this section, it is unlawful for any person, or municipal, county, or State law enforcement agency to use a drone for gathering evidence or other information or data pertaining to criminal conduct, or conduct in violation of a statute or rule. The use of a drone is permissible for purposes other than gathering such evidence.  Any information or data acquired through drone use will not be disclosed and will be inadmissible in any criminal, civil, or administrative proceeding.

Provides exceptions to the above prohibition. The prohibition on drone use above does not apply to the following:

(1) A municipal, county, or State law enforcement agency using a drone to search pursuant to a search warrant.

(2) A municipal, county, or State law enforcement agency using a drone to conduct a search where consent to the search has been given.

(3) A municipal, county, or State law enforcement agency conducting a search if they possess reasonable suspicion that immediate action is needed to prevent imminent harm to life, serious damage to property, the imminent escape of a suspect, or the imminent destruction of evidence. These permitted uses are subject to the requirements of documenting the search, including factual basis for having reasonable suspicion as well as the factual basis for the other qualifying conditions which allow a drone search. A sworn statement will be filed, no later than 48 hours after the search is conducted, with the clerk of court in the county where the drone was used, setting forth the information required above.

Limits the scopes of permissible drone searches to only allow the operation of the drone in a manner that collects information or data on the individuals, home, or areas that are the subject of the search or search warrant.

Any person who violates the restrictions on drone use can be subject to civil action. Anyone who willfully and knowingly violates the prohibition on drone use is guilty of a Class 1 misdemeanor.  Retaining data from a drone search is a Class 3 misdemeanor.

Prohibits the retention of data obtained in violation of this section. Any data or information obtained in violation must be destroyed within 24 hours after it is collected.

Officials listed in GS 15A-243 who issue search warrants during the preceding calendar year for drone use will report to the Administrative Office of the Courts (AOC) by January 31 of each year the identity of the law enforcement agency to which it was issued, the offense specified in the warrant, and the nature of the property searched.

Beginning April 1, 2014, the AOC will report to the General Assembly the information received from the previous reporting requirements. The AOC will adopt rules governing the content and form of the report and will publish any part of the report that is deemed public on its website.

Effective December 1, 2013.