Ohio House Bill 251, introduced by Representative Willis with cosponsors, seeks to amend sections of the Ohio Revised Code concerning aviation and enact new sections specifically addressing the use of unmanned aerial vehicles (UAVs), or drones, by law enforcement agencies. The bill has two primary focuses: expanding the definition of “aviation facilities” under existing law and establishing clear requirements and limitations for law enforcement use of UAVs, particularly regarding surveillance and data collection.
Key Themes and Important Ideas/Facts:
1. Expansion of “Aviation Facilities” Definitions:
- The bill proposes amending Section 4561.01 of the Revised Code to broaden the definition of “aviation” and incorporate new types of aviation facilities into the existing Aeronautics Law.
- Crucially, the bill adds definitions for:
- “Heliport”: “the area of land, water, or a structure that is used or intended to be used for the landing and takeoff of helicopters, including any appurtenant buildings and facilities.” (Lines 61-64)
- “Vertiport”: “the identifiable ground or elevated areas, including the facilities thereon, that are designed to be used for the landing and takeoff of rotorcraft, tilt-rotor aircraft, or other powered lift aircraft.” (Lines 65-68)
- “Spaceport”: “any facility in the state at which space vehicles may be landed or launched, including all facilities and support infrastructure related to the launch, landing, and payload processing.” (Lines 69-73)
- “Seaplane base”: “a designated area of water used or intended to be used for the landing and takeoff of seaplanes including shore side access and any appurtenant buildings and facilities.” (Lines 74-78)
- This expansion updates the state’s aviation law to reflect advancements in transportation technology, particularly in urban air mobility and potential space-related activities.
- Section 4561.11 is also amended to include these new facilities under the requirements for department of transportation approval before being used for commercial purposes.
2. Regulation of Law Enforcement Use of Unmanned Aerial Vehicles (UAVs):
- The bill enacts new sections (4561.60 to 4561.64) to establish specific requirements for law enforcement agencies using UAVs.
- Search Warrant Requirement: Section 4561.61 mandates that law enforcement agencies must obtain a search warrant to use a UAV to:
- “Enter the interior of the house or place through the use of an unmanned aerial vehicle system;” (Lines 145-146)
- “Observe the interior of the house or place through the use of an unmanned aerial vehicle system.” (Lines 147-148)
- Admissibility of Evidence: Surveillance data and information obtained without a required search warrant are generally inadmissible in criminal proceedings (Section 4561.61(B)(1)).
- Exceptions to Warrant Requirement: Section 4561.62 outlines specific circumstances where a search warrant is not required for law enforcement to use a UAV for surveillance. These include:
- Patrolling within 50 miles of a national border for policing purposes.
- When “exigent circumstances exist.” (Line 168)
- During or immediately after environmental or weather-related catastrophes for public safety, property protection, damage assessment, or emergency declaration consideration.
- Examining vehicle accident scenes, monitoring traffic congestion, or traffic law enforcement that doesn’t otherwise require a warrant.
- Photographing and recording evidence at a crime scene.
- For research, education, training, testing, or development related to UAVs in conjunction with educational institutions or collaborators.
- Prohibition on Armed UAVs: Section 4561.63(A) explicitly states that “A law enforcement agency shall not use, authorize the use of, or issue a permit for the use of, an unmanned aerial vehicle armed with any lethal weapon.” (Lines 192-193)
- Restrictions on Surveillance of Private Individuals by Other Private Individuals: Section 4561.63(B) prohibits law enforcement from authorizing or permitting the use of a UAV for surveillance of one private individual by another private individual unless “express, informed consent” of the individual being surveilled or the property owner is obtained.
- Data Documentation and Retention: Section 4561.64 mandates that law enforcement agencies:
- “Ensure that the agency and any applicable peace officer employed by the agency documents all flight data for each surveillance flight of an unmanned aerial vehicle taken by or on behalf of the agency;” (Lines 208-211)
- “Verify that the flight data for each surveillance flight is accurate and complete.” (Lines 212-213)
- Retain surveillance and flight data relevant to ongoing investigations, trials, or litigation.
- Public Records and Discovery: Flight data is considered a public record unless an exemption applies (Section 4561.64(D)). Accused individuals can obtain information related to surveillance of them via subpoena and discovery, but not operational details of the UAV or surveillance operation (Section 4561.64(C)).
Important Facts and Details:
- The bill amends existing sections 4561.01 and 4561.11 and enacts new sections 4561.60, 4561.61, 4561.62, 4561.63, and 4561.64 of the Revised Code.
- The bill defines “Surveillance data” as “the data collected by an unmanned aerial vehicle during its flight, including images, videos, or other forms of observation recording.” (Lines 126-128)
- The bill defines “Flight data” as “the data pertaining to an unmanned aerial vehicle’s flight from both the original plan for the flight and the actual flight that was taken, including the flight’s duration, path, and mission objectives.” (Lines 129-133)
- “Law enforcement agency” is defined as “a government entity that employs peace officers to perform law enforcement duties.” (Lines 134-135)
- The bill repeals the existing sections 4561.01 and 4561.11.
Potential Implications:
- The expanded definitions for aviation facilities could impact future development and regulation of new transportation technologies in Ohio.
- The regulations on law enforcement UAV use aim to balance the potential benefits of drone technology for public safety with concerns about privacy and civil liberties. The search warrant requirement for interior observation/entry is a key safeguard.
- The exceptions to the warrant requirement acknowledge situations where immediate action or broad surveillance may be deemed necessary.
- The data documentation and retention requirements are intended to provide transparency and accountability for law enforcement UAV operations.
- The prohibition on armed UAVs by law enforcement agencies is a significant restriction on potential uses of this technology.
Conclusion:
Ohio House Bill 251 represents a significant legislative effort to update the state’s aviation laws and establish a framework for the responsible use of unmanned aerial vehicles by law enforcement. It addresses the evolving landscape of aviation and technology, aiming to provide legal clarity and protect civil liberties while allowing for the effective use of UAVs in appropriate circumstances. The bill’s focus on search warrant requirements for certain types of surveillance and the prohibition of armed UAVs are particularly noteworthy aspects.