2013 -- S 0411

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LC00564

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL PROCEDURE - AERIAL PRIVACY PROTECTION ACT

     Introduced By: Senators Kettle, and Hodgson

     Date Introduced: February 26, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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hereby amended by adding thereto the following chapter:

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     CHAPTER 5.3

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AERIAL PRIVACY PROTECTION ACT

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     12-5.3-1. Legislative findings. – (a) The general assembly finds and declares the

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following:

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

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

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of privacy and that they will not be monitored with unmanned aerial vehicles (UAVs) by law

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enforcement agents of the state of Rhode Island without a warrant based on probable cause

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having first issued;

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

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

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privacy secured by the Constitution of the United States and the Constitution of the state of

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Rhode Island that will result from law enforcement’s use of UAVs without first obtaining a

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warrant;

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

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to a free society.

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     12-5.3-2. Unmanned Aerial Vehicle Restrictions. – (a) A law enforcement agent of the

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state of Rhode Island or its municipalities shall first obtain a warrant prior to utilizing a UAV for

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any purpose whatsoever, including but not limited to, the monitoring, recording or otherwise

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observing persons, places or things, and also including the interception of wire, electronic or oral

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communications, within the airspace of the state of Rhode Island.

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

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constitute an unreasonable and actionable violation and invasion of privacy.

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

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

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

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     12-5.3-3. Definitions. – As used in this chapter:

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     (1) “Unmanned Aerial Vehicle” (UAV) means any aircraft without a human pilot on

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board.

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     (2) “Law enforcement agent of the state of Rhode Island or its municipalities” means any

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

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

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

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

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     12-5.3-4. Issuance of warrant. – A warrant shall be issued by a duly authorized state

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magistrate or judge, or a federal magistrate or judge, using the procedures established by

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applicable law. Any such warrant shall be based on probable cause established by oath or

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affirmation, shall be obtained prior to the use of a UAV, and shall expire forty-eight (48) hours

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after issuance.

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     12-5.3-5. Construction and severability. – (a) This section shall be construed broadly to

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the effect the legislative intent of requiring a warrant prior to the use of UAVs within the state of

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Rhode Island by law enforcement, and requiring a warrant in order for any information or

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evidence obtained by a UAV, or as a result of the use of a UAV, to be admissible in a court of

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law.

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

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

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     SECTION 2. This act shall take effect upon passage.

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LC00564

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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

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a proper warrant.

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     This act would take effect upon passage.

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LC00564

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