COMMITTEE ON COMMERCE
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2269
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 13, chapter 30, Arizona Revised Statutes, is amended by adding section 13-3007, to read:
13-3007. Unlawful use of drones; admissibility of evidence; civil action; classification; definitions
A. It is unlawful for a law enforcement agency to use a drone to gather evidence or other information.
B. Evidence obtained or collected in violation of this section is not admissible as evidence in a criminal prosecution in any court of law in this state.
C. This section does not prohibit the use of a drone:
1. to counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.
2. if the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone.
3. If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or the destruction of evidence.
D. An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this section.
E. For the purposes of this section:
1. "Drone" means a powered aerial vehicle that:
(a) Does not carry a human operator.
(b) Uses aerodynamic forces to provide vehicle lift.
(c) Can fly autonomously or be piloted remotely.
(d) Can be expendable or recoverable.
(e) Can carry a lethal or nonlethal payload.
2. "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, the enforcement of local government codes and the enforcement of penal, traffic, regulatory, game or controlled substance laws.
Sec. 2. Short title
Section 13-3007, Arizona Revised Statutes, as added by this act, may be cited as the "Freedom From Unwarranted Surveillance Act".
Sec. 3. Effective date
The effective date of this section is from and after June 30, 2013.
Amend title to conform