H. B. 2732
(By Delegate J. Nelson, Kump, Shott, Manypenny,
Arvon, R. Smith, Butler, Evans, Cadle,
Ambler and Cooper)
[Introduced February 26, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-
3, §1-7-4, §1-7-5 and §1-7-6, all relating to creating the
Freedom From Unwarranted Surveillance Act; prohibiting the use
of drones; providing exceptions; providing remedies;
prohibiting the use of evidence; and defining terms.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3,
§1-7-4, §1-7-5 and §1-7-6, all to read as follows:
ARTICLE 7. FREEDOM FROM UNWARRANTED SURVEILLANCE ACT.
§1-7-1. Short title.
_____This article may be cited as the "Freedom from Unwarranted
_____For purposes of this article, the following definitions
_____"Drone" means a powered, aerial vehicle that:
_____(1) Does not carry a human operator;
_____(2) Uses aerodynamic forces to provide vehicle lift;
_____(3) Can fly autonomously or piloted remotely;
_____(4) Can be expendable or recoverable; and
_____(5) Can carry a lethal or nonlethal payload.
_____"Law-enforcement agency" means a lawfully established federal,
state or local public agency that is responsible for the prevention
and detection of crime and the enforcement of penal, traffic,
regulatory, game or controlled substance laws.
§1-7-3. Prohibited use of drones.
_____(a) A law-enforcement agency may not use a drone to gather
evidence or other information.
_____(b) No drone operated within the State of West Virginia may
carry a lethal payload.
_____This article does not prohibit the use of a drone to counter
a high risk of a terrorist attack by a specific individual or
organization if the United States Secretary of Homeland Security
determines that credible intelligence indicates that there is such
a risk, and where a search warrant was obtained from the
appropriate state agency prior to any use of a drone for the purposes identified in subsection (a), section three of this
_____An aggrieved party may initiate a civil action against a law-
enforcement agency to obtain all appropriate relief in order to
prevent or remedy a violation of this article.
§1-7-6. Prohibition on use of evidence.
_____Evidence obtained or collected in violation of this article is
not admissible as evidence in a criminal prosecution in any court
of law in this state.
NOTE: The purpose of the bill is to create the Freedom From
Unwarranted Surveillance Act. The bill prohibits the use of drones
and provides exceptions. The bill provides remedies. The bill
prohibits the use of evidence in criminal proceedings. The bill
This article is new; therefore, it has been completely