Connecticut Seal

General Assembly

 

Raised Bill No. 5274

February Session, 2016

 

LCO No. 1434

 

*01434_______PS_*

Referred to Committee on PUBLIC SAFETY AND SECURITY

 

Introduced by:

 

(PS)

 

AN ACT CONCERNING THE USE OF DRONES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (5) of section 15-34 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(5) "Aircraft" means any contrivance used or designed for navigation of or flight in air, including (A) airplanes, meaning power-driven fixed-wing aircraft, heavier than air, supported by the dynamic reaction of the air against their wings, (B) gliders, meaning heavier than air aircraft, the free flight of which does not depend principally upon a power-generating unit, and (C) rotorcraft, meaning power-driven aircraft, heavier than air, supported during flight by one or more rotors. "Aircraft" does not include unmanned aerial vehicles.

Sec. 2. Section 15-34 of the general statutes is amended by adding subdivision (29) as follows (Effective October 1, 2016):

(NEW) (29) "Unmanned aerial vehicle" means any contrivance used or designed for navigation of or flight in air that is power-driven and operated without the possibility of direct human intervention from within or on the contrivance.

Sec. 3. Subsection (a) of section 53a-189a of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of voyeurism when, (1) with malice, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (3) with the intent to arouse or satisfy the sexual desire of such person, commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or cursory manner, another person (A) without the knowledge or consent of such other person, (B) while such other person is inside a dwelling, as defined in section 53a-100, and not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, or (4) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the genitals, pubic area or buttocks of another person or the undergarments or stockings that clothe the genitals, pubic area or buttocks of another person (A) without the knowledge and consent of such other person, and (B) while such genitals, pubic area, buttocks, undergarments or stockings are not in plain view. For purposes of this subsection, "not in plain view" includes a view not otherwise obtainable that is made possible through the use of technology that is electronic, as defined in section 1-331, or of an unmanned aerial vehicle, as defined in subdivision (29) of section 15-34, as amended by this act.

Sec. 4. (NEW) (Effective October 1, 2016) (a) Except as otherwise provided by law, no person shall operate or use any computer software or other technology, including, but not limited to, an unmanned aerial vehicle, as defined in subdivision (29) of section 15-34 of the general statutes, as amended by this act, that allows a person, when not physically present, to release tear gas or any like or similar deleterious agent or to remotely control a deadly weapon, as defined in section 53a-3 of the general statutes, or an explosive or incendiary device, as defined in section 53-206b of the general statutes.

(b) Any person who violates subsection (a) of this section shall be guilty of a class C felony.

Sec. 5. Subsection (a) of section 53a-174 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Any person not authorized by law who conveys, [or] passes or releases, or causes to be conveyed, [or] passed or released, into any correctional or humane institution or the grounds or buildings thereof, or to any inmate of such an institution who is outside the premises thereof and known to the person so conveying, [or] passing or releasing or causing such conveying, [or] passing or releasing to be such an inmate, any controlled drug, as defined in section 21a-240, any intoxicating liquors, any firearm, weapon, dangerous instrument or explosive of any kind, any United States currency, or any rope, ladder or other instrument or device for use in making, attempting or aiding an escape, shall be guilty of a class D felony. The unauthorized conveying, passing or releasing or possession of any rope or ladder or other instrument or device, adapted for use in making or aiding an escape, into any such institution or the grounds or buildings thereof, shall be presumptive evidence that it was so conveyed, passed, released or possessed for such use.

Sec. 6. Subdivision (8) of section 54-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(8) "Offense committed with a deadly weapon" or "offense" means: (A) A violation of subsection (c) of section 2-1e, subsection (e) of section 29-28, subsections (a) to (e), inclusive, or (i) of section 29-33, section 29-34, subsection (a) of section 29-35, section 29-36, 29-36k, 29-37a or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection (b), (c) or (g) of section 53-202, section 53-202b, 53-202c, 53-202j, 53-202k, 53-202l, 53-202aa or 53-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217b or 53a-217c or section 4 of this act, or a second or subsequent violation of section 53-202g; or (B) a violation of any section of the general statutes which constitutes a felony, as defined in section 53a-25, provided the court makes a finding that, at the time of the offense, the offender used a deadly weapon, or was armed with and threatened the use of or displayed or represented by words or conduct that the offender possessed a deadly weapon;

Sec. 7. (NEW) (Effective October 1, 2016) The presence of tear gas or any like or similar deleterious agent, a deadly weapon, as defined in section 53a-3 of the general statutes, or an explosive or incendiary device, as defined in section 53-206b of the general statutes, on or in an unmanned aerial vehicle, as defined in subdivision (29) of section 15-34 of the general statutes, as amended by this act, may be presumptive evidence of the possession or use of the agent, weapon or device by each person operating or using such unmanned aerial vehicle.

Sec. 8. (NEW) (Effective October 1, 2016) The presence of a controlled substance, as defined in section 21a-240 of the general statutes, on or in an unmanned aerial vehicle, as defined in subdivision (29) of section 15-34 of the general statutes, as amended by this act, may be presumptive evidence of the possession or use of the controlled substance by each person operating or using such unmanned aerial vehicle.

Sec. 9. (NEW) (Effective October 1, 2016) (a) For the purposes of this section:

(1) "Unmanned aerial vehicle" has the same meaning as provided in subdivision (29) of section 15-34 of the general statutes, as amended by this act;

(2) "Law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department; and

(3) "Law enforcement officer" means any officer, employee or other person otherwise paid by or acting as an agent of a law enforcement agency.

(b) A law enforcement officer may operate an unmanned aerial vehicle provided:

(1) A judge of the Superior Court or judge trial referee has issued a warrant in accordance with section 54-33a of the general statutes authorizing the use of an unmanned aerial vehicle;

(2) The individual who will be the subject of the information collected by the operation of an unmanned aerial vehicle has given advance written consent to such operation;

(3) The owner of the property that will be the subject of the information collected by the operation of an unmanned aerial vehicle has given advance written consent to such operation;

(4) The law enforcement agency has probable cause to believe that a criminal offense has been, is being or will be committed and exigent circumstances exist that make it unreasonable for the law enforcement agency to obtain a warrant authorizing the use of an unmanned aerial vehicle;

(5) The law enforcement agency reasonably believes that there is an imminent threat to the life or safety of an individual;

(6) Such operation is pursuant to search and rescue activities conducted by the law enforcement agency;

(7) Such operation is pursuant to training activities conducted by the law enforcement agency; or

(8) Such operation is used to reconstruct or document a specific crime scene.

(c) An individual or privately owned property shall be considered to be the subject of information collected by the operation of an unmanned aerial vehicle if the information allows the identity of the person or the privately owned property to be ascertained or if the law enforcement officer operating the unmanned aerial vehicle acknowledges such individual or such property was the subject of the information.

(d) Information that was collected through the operation of an unmanned aerial vehicle that concerns an individual or privately owned property that was the subject of a warrant may be retained pursuant to the warrant.

(e) Information that was collected through the operation of an unmanned aerial vehicle pursuant to subdivisions (2) and (3) of subsection (b) of this section that concerns an individual or privately owned property may be retained pursuant to the terms specified in such advance written consent.

(f) (1) Information that was collected through the operation of an unmanned aerial vehicle pursuant to subdivisions (4) to (8), inclusive, of subsection (b) of this section that concerns an individual or privately owned property shall be reviewed by the law enforcement agency that collected the information within ninety days from the date of collection. The collected information shall be destroyed or modified pursuant to subdivision (2) of this subsection or retained pursuant to subdivision (3) of this subsection.

(2) If such information allows the identity of an individual or privately owned property to be ascertained and there is no probable cause to believe that an offense was committed by the individual or on the property, such law enforcement agency (A) shall destroy such information within forty-eight hours after such review, or (B) shall permanently modify such information so that the identity of such individual or such property cannot be ascertained, and, after such modification, may retain the modified information for a period of not more than five years from the date of collection and, after such retention, shall destroy the modified information.

(3) If such information allows the identity of an individual or privately owned property to be ascertained and there is probable cause to believe that an offense was committed by the individual or on the property, such law enforcement agency may retain such information for a period of not more than five years from the date of collection and, after such retention, shall destroy such information, except that, if a warrant is issued in accordance with section 54-33a of the general statutes based in part on such information, such information may be retained pursuant to the warrant.

(g) (1) Not later than January 1, 2017, the Department of Emergency Services and Public Protection shall develop and promulgate a model policy that provides guidelines on the destruction, modification and retention of information collected by the operation of an unmanned aerial vehicle by a law enforcement agency.

(2) Each law enforcement agency that owns or authorizes a law enforcement officer to operate an unmanned aerial vehicle shall adopt and maintain a written policy that meets or exceeds the model policy developed by the Department of Emergency Services and Public Protection pursuant to subdivision (1) of this subsection regarding the destruction, modification and retention of information collected by the operation of an unmanned aerial vehicle either before taking ownership of an unmanned aerial vehicle or not later than thirty days after a law enforcement officer operates an unmanned aerial vehicle.

(h) Each law enforcement agency that owns an unmanned aerial vehicle shall register the unmanned aerial vehicle with the Office of Policy and Management not later than thirty days after taking ownership of the unmanned aerial vehicle. The registration shall be on a form prescribed by the Office of Policy and Management and shall include the name of the law enforcement agency, the name, job title and contact information of each law enforcement officer who is authorized to operate the unmanned aerial vehicle, and a description of the unmanned aerial vehicle, including, but not limited to, the name of the manufacturer, the model number and the serial number. The law enforcement agency shall post such registration on its Internet web site.

(i) Not later than January fifteenth of each year, each law enforcement agency that operated an unmanned aerial vehicle in the preceding calendar year shall report to the Chief State's Attorney: (1) The number of times the law enforcement agency operated an unmanned aerial vehicle in the preceding calendar year; (2) a list of all occasions when an unmanned aerial vehicle was operated with the following details for each operation: (A) The date, time and duration of operation, (B) the location of such operation, (C) the reason for such operation, (D) whether the unmanned aerial vehicle was operated pursuant to a warrant, and (E) the number of times the type of information collected through the operation of an unmanned aerial vehicle provided reasonable and articulable suspicion that a criminal offense was being committed; and (3) the law enforcement agency's compliance with the policy adopted pursuant to subdivision (2) of subsection (g) of this section, including the number of times the law enforcement agency reviewed and destroyed information collected by the operation of an unmanned aerial vehicle and the number of times such law enforcement agency destroyed information collected by the operation of an unmanned aerial vehicle without reviewing such information.

(j) Not later than April fifteenth of each year, the Chief State's Attorney, based on the reports filed by law enforcement agencies pursuant to subsection (i) of this section, shall post on its Internet web site a report concerning the operation of unmanned aerial vehicles by law enforcement agencies during the preceding calendar year. The report shall include a summary and an analysis of the information received from the law enforcement agencies. The report shall also identify any law enforcement agency that registered an unmanned aerial vehicle pursuant to subsection (h) of this section or submitted a report in a previous reporting period pursuant to subsection (i) of this section, but did not submit a report for the current reporting period.

Sec. 10. (NEW) (Effective October 1, 2016) (a) For the purposes of this section:

(1) "Unmanned aerial vehicle" has the same meaning as provided in subdivision (29) of section 15-34 of the general statutes, as amended by this act;

(2) "State agency" has the same meaning as provided in section 1-79 of the general statutes, except that "state agency" does not include a law enforcement agency, as defined in section 9 of this act; and

(3) "State employee" means any officer, employee or other person otherwise paid by or acting as an agent of a state agency.

(b) Any state agency may authorize a state employee to operate an unmanned aerial vehicle, provided the operation is within the scope of the state employee's employment.

(c) Each state agency that owns an unmanned aerial vehicle shall register the unmanned aerial vehicle with the Office of Policy and Management not later than thirty days after taking ownership of the unmanned aerial vehicle. The registration shall be on a form prescribed by the Office of Policy and Management and shall include the name of the state agency, the name, job title and contact information of each state employee who is authorized to operate the unmanned aerial vehicle, and a description of the unmanned aerial vehicle, including, but not limited to, the name of the manufacturer, the model number and the serial number. The state agency shall post such registration on its Internet web site.

(d) Not later than January fifteenth of each year, each state agency that permitted a state employee to operate an unmanned aerial vehicle in the preceding calendar year shall submit a report to the Office of Policy and Management. The report shall include a list of all occasions when an unmanned aerial vehicle was operated with the following details for each operation: (1) The date, time and duration of operation, (2) the location of such operation, and (3) the reason for such operation.

(e) Not later than April fifteenth of each year, the Office of Policy and Management, based on the reports filed by state agencies pursuant to subsection (d) of this section, shall post on its Internet web site a report concerning the operation of unmanned aerial vehicles by state agencies during the preceding calendar year. The report shall include a summary and an analysis of the information received from the state agencies. The report shall also identify any state agency that registered an unmanned aerial vehicle pursuant to subsection (c) of this section or submitted a report in a previous reporting period pursuant to subsection (d) of this section, but did not submit a report for the current reporting period.

Sec. 11. Subsection (c) of section 12-455a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(c) "Motor vehicle" means any vehicle propelled or drawn by any power other than muscular, except aircraft, unmanned aerial vehicles, as defined in subdivision (29) of section 15-34, as amended by this act, motorboats, road rollers, baggage trucks used about railroad stations, electric battery-operated [wheel chairs] wheelchairs when operated by physically handicapped persons at speeds not exceeding fifteen miles per hour, agricultural tractors, farm implements and such vehicles as run only upon rails or tracks;

Sec. 12. Subdivision (54) of section 14-1 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(54) "Motor vehicle" means any vehicle propelled or drawn by any nonmuscular power, except aircraft, unmanned aerial vehicles, as defined in subdivision (29) of section 15-34, as amended by this act, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated [wheel chairs] wheelchairs when operated by physically handicapped persons at speeds not exceeding fifteen miles per hour, golf carts operated on highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, motor-driven cycles as defined in section 14-286, special mobile equipment as defined in section 14-165, mini-motorcycles, as defined in section 14-289j, and any other vehicle not suitable for operation on a highway;

Sec. 13. Subdivision (20) of section 22a-134 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(20) "Vehicle" means any motorized device for conveying persons or objects except for an aircraft, unmanned aerial vehicle, as defined in subdivision (29) of section 15-34, as amended by this act, boat, railroad car or engine, or farm tractor;

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

15-34(5)

Sec. 2

October 1, 2016

15-34

Sec. 3

October 1, 2016

53a-189a(a)

Sec. 4

October 1, 2016

New section

Sec. 5

October 1, 2016

53a-174(a)

Sec. 6

October 1, 2016

54-280(8)

Sec. 7

October 1, 2016

New section

Sec. 8

October 1, 2016

New section

Sec. 9

October 1, 2016

New section

Sec. 10

October 1, 2016

New section

Sec. 11

October 1, 2016

12-455a(c)

Sec. 12

October 1, 2016

14-1(54)

Sec. 13

October 1, 2016

22a-134(20)

Statement of Purpose:

To (1) establish the crime of using computer software or technology, including a drone, which allows someone who is not physically present to release tear gas or control a deadly weapon, explosive or incendiary device, (2) limit the use of a drone by law enforcement and other state agencies, and (3) establish retention and destruction requirements for information collected by law enforcement using drones.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]