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VA HB1616

VA HB1616
Drone aircraft; limitations on use, report.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2013 Regular Session

Bill Summary

Limitations on use of drone aircraft. Provides that no state agency or organization having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police nor any department of law enforcement of any city, county or town, shall procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill requires a warrant for use of such an aircraft. The bill also provides that it is not unlawful for any law-enforcement officer or other public official to operate a public unmanned aircraft system and disclose personal information from such operation if such officer reasonably determines that an emergency situation exists that involves immediate danger of death or serious physical injury to any person and the situation requires operation of a public unmanned aircraft system before a warrant authorizing such interception can, with due diligence, be obtained and there are grounds upon which such a warrant could be entered to authorize such operation. The bill also provides that it is not unlawful for a public institution of higher education to operate a public unmanned aircraft system solely for research or academic purposes. The bill also contains extensive procedural guarantees against release of personal information and contains reporting requirements by agencies and courts with respect to use of and data collected by such aircraft.

AI Summary

This bill establishes significant limitations and procedural safeguards for the use of public unmanned aircraft systems (drones) by government agencies in Virginia. It mandates that state agencies and local law enforcement departments must obtain approval from the General Assembly or their respective local governing bodies, respectively, before acquiring drones. Crucially, the bill requires a warrant for the operation of these drones and the collection of personal information, defining "personal information" broadly to include details about an individual's identity, activities, and characteristics. However, exceptions are made for emergency situations where there's an immediate danger to life or serious physical injury, allowing drone use before a warrant can be obtained, provided an application for a warrant is made within 48 hours. Public institutions of higher education are permitted to use drones solely for research or academic purposes, with strict limitations on the use of any collected personal information. The bill also outlines extensive reporting requirements for agencies and judicial officers regarding drone usage, data collection, and the outcomes of investigations, with some of this data being subject to public disclosure. Furthermore, it explicitly prohibits the weaponization of drones and mandates compliance with all Federal Aviation Administration regulations.

Committee Categories

Justice

Sponsors (10)

Last Action

Incorporated by Courts of Justice (on 02/01/2013)

bill text


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