Bill > HB1009

This bill, effective July 1, 2014, establishes new regulations for law enforcement's use of technology in investigations, generally requiring a search warrant for activities like using unmanned aerial vehicles (UAVs), which are aircraft without a human operator capable of remote control or autonomous programming, to gather evidence. It outlines exceptions for UAV use in emergencies, search and rescue, disaster response, or for non-criminal justice surveys, and also requires consent from property owners. The bill prohibits law enforcement from forcing individuals to reveal passkeys, passwords, or keycodes for electronic devices or data without a warrant, and restricts the use of real-time tracking instruments for cellular devices unless a court order based on probable cause is obtained or exigent circumstances exist, with a requirement to seek a court order within 72 hours if exigent circumstances are invoked. Furthermore, it makes it a Class A misdemeanor for individuals to place unattended surveillance equipment on another's private property without consent, with exceptions for electronic or video toll collection facilities and law enforcement with a warrant or consent. The bill also introduces procedures for applying for warrants via email, provides immunity for entities complying with court orders, and ensures that news media entities or individuals covered by journalist's privilege are notified of warrant requests for their electronic data, with exceptions if notification would jeopardize a criminal investigation. Finally, it urges a legislative study committee to examine digital privacy issues, including government agency searches of electronic devices, compelling disclosure of electronic user data, and the collection and use of geolocation and biometric information.