2017 -- S 0172

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LC000567

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - AERIAL PRIVACY PROTECTION ACT

     Introduced By: Senators Kettle, Morgan, and Paolino

     Date Introduced: February 01, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is

hereby amended by adding thereto the following chapter:

CHAPTER 5.3

AERIAL PRIVACY PROTECTION ACT

     12-5.3-1. Legislative findings.

     The general assembly finds and declares the following:

     (1) The right to privacy is fundamental in a free and civilized society;

     (2) Persons within the state have a reasonable and justifiable expectation of privacy and

that they will not be monitored with unmanned aerial vehicles (UAVs) by law enforcement agents

of the state without a warrant based on probable cause having first issued;

     (3) The potential benefit to law enforcement and criminal justice from the use of UAVs,

without a warrant first issuing, is far outweighed by the degradation to the fundamental right to

privacy secured by the constitution of the United States and the constitution of the state of Rhode

Island that will result from law enforcement's use of UAVs without first obtaining a warrant; and

     (4) The use of UAVs by law enforcement without first obtaining a warrant is repugnant

to a free society.

     12-5.3-2. Definitions.

     As used in this chapter:

     (1) "Law enforcement agent of the state of Rhode Island or its municipalities" means any

officer, employee or agent of the state of Rhode Island, or any officer employee or agent of a

branch, department or agency of the state of Rhode Island or its municipalities, or any person or

entity acting under contract with the state of Rhode Island or its municipalities or any branch,

department or agency thereof, for the purpose of law enforcement.

     (2) "Unmanned aerial vehicle (UAV)" means any aircraft without a human pilot on

board.

     12-5.3-3. Unmanned Aerial Vehicle Restrictions.

     (a) A law enforcement agent of the state of Rhode Island or its municipalities shall first

obtain a warrant prior to utilizing a UAV for any purpose whatsoever, including, but not limited

to, the monitoring, recording or otherwise observing persons, places or things, and also including

the interception of wire, electronic or oral communications, within the airspace of the state of

Rhode Island.

     (b) The failure of a law enforcement agent to obtain a warrant as specified herein shall

constitute an unreasonable and actionable violation and invasion of privacy.

     (c) Any information or evidence gathered by a UAV without a warrant, and any

information or evidence derived as a result of the use of a UAV without a warrant, is declared

inadmissible in any civil or criminal court of law in the state of Rhode Island.

     12-5.3-4. Issuance of warrant.

     A warrant shall be issued by a duly authorized state magistrate or judge, or a federal

magistrate or judge, using the procedures established by applicable law. Any such warrant shall

be based on probable cause established by oath or affirmation, shall be obtained prior to the use

of a UAV, and shall expire forty-eight (48) hours after issuance.

     12-5.3-5. Construction and severability.

     (a) This section shall be construed broadly to effect the legislative intent of requiring a

warrant prior to the use of UAVs within the state of Rhode Island by law enforcement, and

requiring a warrant in order for any information or evidence obtained by a UAV, or as a result of

the use of a UAV, to be admissible in a court of law.

     (b) Severability. If any provision, portion or subdivision of this chapter is or becomes

illegal, such illegality shall not affect the remainder of this chapter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - AERIAL PRIVACY PROTECTION ACT

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     This act would prohibit law enforcement from using unmanned aerial vehicles without a

proper warrant.

     This act would take effect upon passage.

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LC000567

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