Connecticut Seal

General Assembly

 

Substitute Bill No. 5274

    February Session, 2016

 

*_____HB05274PD____042216____*

AN ACT CONCERNING THE USE OF DRONES.

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

Section 1. (NEW) (Effective August 1, 2016) (a) For the purposes of this section:

(1) "Law enforcement officer" means a special policeman appointed under section 29-18 of the general statutes and any officer, employee or agent of the Division of State Police within the Department of Emergency Services and Public Protection, a special police force, established pursuant to section 10a-156b of the general statutes, or a municipal police department; and

(2) "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.

(b) Except as otherwise provided by law, no person, other than a law enforcement officer, shall operate or use any computer software or other technology, including, but not limited to, an unmanned aerial vehicle, 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.

(c) A law enforcement officer shall not operate an unmanned aerial vehicle that is equipped with tear gas or any like or similar deleterious agent or a deadly weapon, as defined in section 53a-3 of the general statutes, including, but not limited to, any explosive or incendiary device, as defined in section 53-206b of the general statutes. The provisions of this subsection shall not apply to a law enforcement officer who operates an unmanned aerial vehicle that is equipped with explosive detection, detonation or disposal equipment, provided such law enforcement officer is authorized by the federal or state government to detect, detonate and dispose of explosives and is engaged in such detection, detonation or disposal.

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

Sec. 2. Subdivision (8) of subsection (a) of section 54-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective August 1, 2016):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 subsection (b) of section 1 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. 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, and "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. 4. 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) (1) Any person not authorized by law who conveys or passes, or causes to be conveyed or passed, 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 causing such conveying or passing 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 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 or possessed for such use.

(2) Any person not authorized by law who operates an unmanned aerial vehicle to convey or pass, or cause to be conveyed or passed, 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 causing such conveying or passing to be such an inmate, any firearm, weapon, dangerous instrument or explosive of any kind, shall be guilty of a class B felony. For the purposes of this subsection, "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. 5. (NEW) (Effective October 1, 2016) (a) For the purposes of this section:

(1) "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;

(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 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;

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

(9) Such operation is pursuant to patrolling public property or property available for the use of the general public for any special event of limited duration, including, but not limited to, a parade, exhibition, game or tournament.

(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 (9), 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 Police Officer Standards and Training Council shall develop and promulgate a model policy that provides guidelines on the operation of an unmanned aerial vehicle by a law enforcement agency and the destruction, modification and retention of information collected by such operation.

(2) Each law enforcement agency that owns an unmanned aerial vehicle 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 Police Officer Standards and Training Council pursuant to subdivision (1) of this subsection 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) Not later than January thirty-first of each year, each law enforcement agency that operated an unmanned aerial vehicle in the preceding calendar year shall prepare a report that includes, but need not be limited to: (1) The number of times the law enforcement agency operated an unmanned aerial vehicle in the preceding calendar year, (2) the type of such operation as categorized in the policy adopted pursuant to subdivision (2) of subsection (g) of this section, (3) whether the unmanned aerial vehicle was operated pursuant to a warrant, and (4) 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. The law enforcement agency shall make such report available on the law enforcement agency's Internet web site or the Internet web site of the municipality served by the law enforcement agency.

Sec. 6. (NEW) (Effective October 1, 2016) (a) For the purposes of this section:

(1) "Unmanned aerial vehicle" has the same meaning as provided in section 5 of 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 5 of this act; and

(3) "State employee" means any officer, employee or 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) Not later than July thirty-first of each year, each state agency that permitted a state employee to operate an unmanned aerial vehicle in the preceding twelve months 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.

(d) Not later than October thirty-first of each year, the Office of Policy and Management, based on the reports filed by state agencies pursuant to subsection (c) of this section, shall post on its Internet web site a report concerning the operation of unmanned aerial vehicles by state agencies. The report shall include a summary of the information received from the state agencies and identify any state agency that submitted a report in a previous reporting period pursuant to subsection (c) of this section, but did not submit a report for the current reporting period.

Sec. 7. (NEW) (Effective from passage) (a) For the purposes of this section, (1) "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, and (2) "municipality" has the same meaning as provided in subsection (e) of section 7-101a of the general statutes.

(b) Except as otherwise provided by any federal law or state statute, no municipality shall enact any ordinance that regulates, restricts, prohibits, licenses or affects the ownership, possession, operation, purchase or sale of an unmanned aerial vehicle.

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

Section 1

August 1, 2016

New section

Sec. 2

August 1, 2016

54-280(a)(8)

Sec. 3

October 1, 2016

53a-189a(a)

Sec. 4

October 1, 2016

53a-174(a)

Sec. 5

October 1, 2016

New section

Sec. 6

October 1, 2016

New section

Sec. 7

from passage

New section

PS

Joint Favorable Subst.

 

JUD

Joint Favorable