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REFERENCE TITLE: drone surveillance; prohibition; exceptions
State of Arizona
House of Representatives
Fifty-first Legislature
First Regular Session
2013
HB 2574
Introduced by
Representatives Dial, Seel, Stevens, Senator Burges: Representatives
Barton, Borrelli, Lovas, Petersen, Thorpe
AN ACT
AMENDING TITLE 13, CHAPTER 30, ARIZONA REVISED STATUTES, BY ADDING SECTION
13-3007; RELATING TO DRONE SURVEILLANCE.
(TEXT OF BILL BEGINS ON NEXT PAGE)
HB 2574
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Be it enacted by the Legislature of the State of Arizona: 1
Section 1. Title 13, chapter 30, Arizona Revised Statutes, is amended 2
by adding section 13-3007, to read: 3
13-3007. Unlawful use of drones; admissibility of evidence;
4
civil action; classification; definitions
5
A. IT IS UNLAWFUL FOR A LAW ENFORCEMENT AGENCY OR A STATE, COUNTY OR 6
MUNICIPAL AGENCY TO USE A DRONE TO GATHER, STORE OR COLLECT EVIDENCE OF ANY 7
TYPE, INCLUDING AUDIO OR VIDEO RECORDINGS, OR BOTH, OR OTHER INFORMATION THAT 8
IS NOT SPECIFICALLY OUTLINED IN A SEARCH WARRANT. A LAW ENFORCEMENT AGENCY 9
MAY NOT USE DRONES FOR SURVEILLANCE OF CITIZENS UNLESS THE CITIZEN IS 10
SPECIFICALLY NAMED ON A VALID SEARCH WARRANT. 11
B. IT IS UNLAWFUL FOR A PERSON TO USE DRONES TO MONITOR OTHER PERSONS 12
INSIDE THEIR HOMES OR PLACES OF WORSHIP OR WITHIN THE CLOSED CONFINES OF 13
THEIR PROPERTY OR OTHER LOCATIONS WHERE A PERSON WOULD HAVE AN EXPECTATION OF 14
PRIVACY. 15
C. EVIDENCE THAT IS OBTAINED OR COLLECTED IN VIOLATION OF THIS SECTION 16
IS NOT ADMISSIBLE IN ANY CIVIL OR CRIMINAL PROCEEDING AND MAY NOT BE USED 17
AGAINST A CITIZEN, CORPORATION OR ORGANIZATION IN ANY FORMAL PROCEEDING 18
WITHIN THIS STATE FOR THE PURPOSE OF ENFORCING STATE OR LOCAL LAW. 19
D. THIS SECTION DOES NOT PROHIBIT EITHER: 20
1. THE USE OF A DRONE BY A LAW ENFORCEMENT AGENCY IF THE LAW 21
ENFORCEMENT AGENCY FIRST OBTAINS A SEARCH WARRANT THAT AUTHORIZES THE USE OF 22
A DRONE AND THE USE OF THE DRONE IS USED ONLY TO OBTAIN EVIDENCE ON THE 23
PERSON NAMED IN THE WARRANT. 24
2. THE USE OF A DRONE BY A LAW ENFORCEMENT AGENCY THAT IS ACTIVELY 25
ENGAGED IN THE ENFORCEMENT OF CHAPTER 34 OF THIS TITLE OR SECTION 13-2319 ON 26
PUBLIC LANDS AS DEFINED IN SECTION 37-901 OR ON PRIVATE LAND WITH THE WRITTEN 27
PERMISSION FROM THE LANDOWNER. 28
3. A CITIZEN FROM OWNING OR OPERATING A DRONE FOR LAWFUL PURPOSES. 29
E. AN AGGRIEVED PARTY MAY INITIATE A CIVIL ACTION AGAINST A LAW 30
ENFORCEMENT AGENCY TO OBTAIN ALL APPROPRIATE RELIEF IN ORDER TO PREVENT, 31
RESTRAIN OR REMEDY A VIOLATION OF THIS SECTION. 32
F. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 6 FELONY. 33
G. FOR THE PURPOSES OF THIS SECTION: 34
1. "DRONE" MEANS A POWERED OR AN UNPOWERED AERIAL VEHICLE OR A BALLOON 35
FLOAT OR OTHER DEVICE THAT: 36
(a) DOES NOT CARRY A HUMAN OPERATOR. 37
(b) USES AERODYNAMIC FORCES OR GASES TO PROVIDE LIFT. 38
(c) CAN FLY AUTONOMOUSLY OR BE PILOTED REMOTELY. 39
(d) CAN BE EXPENDABLE OR RECOVERABLE. 40
(e) CAN CARRY A LETHAL OR NONLETHAL PAYLOAD. 41
2. "LAW ENFORCEMENT AGENCY" MEANS A LAWFULLY ESTABLISHED STATE OR 42
LOCAL PUBLIC AGENCY THAT IS RESPONSIBLE FOR THE PREVENTION AND DETECTION OF 43
CRIME, THE ENFORCEMENT OF LOCAL GOVERNMENT CODES AND THE ENFORCEMENT OF 44
HB 2574
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PENAL, TRAFFIC, REGULATORY, GAME OR CONTROLLED SUBSTANCE LAWS AND INCLUDES AN 1
AGENT OF THE LAW ENFORCEMENT AGENCY. 2
Sec. 2. Severability
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If a provision of this act or its application to any person or 4
circumstance is held invalid, the invalidity does not affect other provisions 5
or applications of the act that can be given effect without the invalid 6
provision or application, and to this end the provisions of this act are 7
severable. 8
Sec. 3. Short title
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Section 13-3007, Arizona Revised Statutes, as added by this act, may be 10
cited as the "Citizens Protection From Unwarranted Surveillance Act". 11
