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North Dakota House Bill HB1613

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1613 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1613
4-(Representatives Hendrix, Christianson, Koppelman, VanWinkle, Toman)
5-(Senators Castaneda, Magrum, Paulson)
6-AN ACT to amend and reenact sections 29-29.4-01, 29-29.4-02, 29-29.4-03, 29-29.4-04, 29-29.4-05,
7-and 29-29.4-06 of the North Dakota Century Code, relating to law enforcement use of a robot.
1+25.1307.03000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Hendrix, Christianson, Koppelman, VanWinkle, Toman
7+Senators Castaneda, Magrum, Paulson
8+A BILL for an Act to amend and reenact sections 29-29.4-01, 29-29.4-02, 29-29.4-03,
9+29-29.4-04, 29-29.4-05, and 29-29.4-06 of the North Dakota Century Code, relating to law
10+enforcement use of a robot.
811 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 29-29.4-01 of the North Dakota Century Code is amended and
10-reenacted as follows:
12+SECTION 1. AMENDMENT. Section 29-29.4-01 of the North Dakota Century Code is
13+amended and reenacted as follows:
1114 29-29.4-01. Definitions.
1215 As used in this chapter:
1316 1."Autonomously" means to operate or govern itself without direct human control.
1417 2."Flight data" means imaging or other observation recording.
1518 2.3."Flight information" means flight duration, flight path, and mission objective.
16-3.4."Law enforcement agency or agents" has the meaning provided for law enforcement officer in
17-section 12.1-01-04.
18-4.5."Less than lethal weapon" means a designed and manufactured object, substance, or weapon
19-that does not create a substantial risk of serious bodily injury or death when used by an
20-individual with proper training.
21-6."Lethal weapon" means an object, substance, or device designed to cause serious bodily
22-injury or death.
19+3.4."Law enforcement agency or agents" has the meaning provided for law enforcement
20+officer in section 12.1-01-04.
21+4.5."Less than lethal weapon" means a designed and manufactured object, substance, or
22+weapon that does not create a substantial risk of serious bodily injury or death when
23+used by an individual with proper training.
24+6."Lethal weapon" means an object, substance, or device designed to cause serious
25+bodily injury or death.
2326 7."Remotely" means directly controlled by human action and decisions.
24-8."Robot" means a powered artificial machine or system that upon activation will operate in
25-whole or in part autonomously to perform physical tasks or decisionmaking without real-time
26-human control. The term includes a system capable of using force, conducting surveillance, or
27-moving independent of direct human input. The term does not include a law enforcement
28-body-worn camera, a law enforcement in-car camera or license plate reader, or any other law
29-enforcement camera that does not require a search warrant.
30-9."Unmanned aerial vehicle" means any aerial vehicle that is operated without the possibility of
31-direct human intervention within or on the aerial vehicle. The term does not include satellites.
27+8."Robot" means a powered artificial machine or system that upon activation will operate
28+in whole or in part autonomously to perform physical tasks or decisionmaking without
29+real-time human control. The term includes a system capable of using force,
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31+ENGROSSED HOUSE BILL NO. 1613
32+FIRST ENGROSSMENT
33+with Senate Amendments
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57+conducting surveillance, or moving independent of direct human input. The term does
58+not include a law enforcement body-worn camera, a law enforcement in-car camera or
59+license plate reader, or any other law enforcement camera that does not require a
60+search warrant.
61+9."Unmanned aerial vehicle" means any aerial vehicle that is operated without the
62+possibility of direct human intervention within or on the aerial vehicle. The term does
63+not include satellites.
3264 5.10."Unmanned aerial vehicle system" means an unmanned aerial vehicle and associated
33-elements, including communication links and the components that control the unmanned
34-aerial vehicle, which are required for the pilot in command to operate safely and efficiently in
35-state airspace.
36-SECTION 2. AMENDMENT. Section 29-29.4-02 of the North Dakota Century Code is amended and
37-reenacted as follows: H. B. NO. 1613 - PAGE 2
38-29-29.4-02. Limitations on use of unmanned aerial vehicle systemsystems and robots.
65+elements, including communication links and the components that control the
66+unmanned aerial vehicle, which are required for the pilot in command to operate safely
67+and efficiently in state airspace.
68+SECTION 2. AMENDMENT. Section 29-29.4-02 of the North Dakota Century Code is
69+amended and reenacted as follows:
70+29-29.4-02. Limitations on use of unmanned aerial vehicle systemsystems and
71+robots.
3972 1.Information obtained from an unmanned aerial vehicle or robot is not admissible in a
4073 prosecution or proceeding within the state unless the information was obtained:
4174 a.Pursuant to the authority of a search warrant; or
4275 b.In accordance with exceptions to the warrant requirement.
43-2.Information obtained from the operation of an unmanned aerial vehicle or robot may not be
44-used in an affidavit of probable cause in an effort to obtain a search warrant, unless the
45-information was obtained under the circumstances described in subdivision a or b of
46-subsection 1 or was obtained through the monitoring of public lands or international borders.
47-SECTION 3. AMENDMENT. Section 29-29.4-03 of the North Dakota Century Code is amended and
48-reenacted as follows:
76+2.Information obtained from the operation of an unmanned aerial vehicle or robot may
77+not be used in an affidavit of probable cause in an effort to obtain a search warrant,
78+unless the information was obtained under the circumstances described in subdivision
79+a or b of subsection 1 or was obtained through the monitoring of public lands or
80+international borders.
81+SECTION 3. AMENDMENT. Section 29-29.4-03 of the North Dakota Century Code is
82+amended and reenacted as follows:
4983 29-29.4-03. Warrant requirements.
50-A warrant for the use of an unmanned aerial vehicle or robot for the purpose of surveillance must
51-satisfy the requirements of the Constitution of North Dakota. In addition, the warrant must contain a
52-data collection statement that includes:
53-1.The persons that will have the power to authorize the use of the unmanned aerial vehicle or
54-robot;
84+A warrant for the use of an unmanned aerial vehicle or robot for the purpose of surveillance
85+must satisfy the requirements of the Constitution of North Dakota. In addition, the warrant must
86+contain a data collection statement that includes:
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119+1.The persons that will have the power to authorize the use of the unmanned aerial
120+vehicle or robot;
55121 2.The locations in which the unmanned aerial vehicle system or robot will operate;
56-3.The maximum period for which the unmanned aerial vehicle system will operate in each flight
57-or deployment; and
58-4.Whether the unmanned aerial vehicle system or robot will collect information or data about
59-individuals or groups of individuals, and if so:
60-a.The circumstances under which the unmanned aerial vehicle system or robot will be
61-used; and
62-b.The specific kinds of information or data the unmanned aerial vehicle system or robot will
63-collect about individuals and how that information or data, as well as conclusions drawn
64-from that information or data, will be used, disclosed, and otherwise handled, including:
122+3.The maximum period for which the unmanned aerial vehicle system will operate in
123+each flight or deployment; and
124+4.Whether the unmanned aerial vehicle system or robot will collect information or data
125+about individuals or groups of individuals, and if so:
126+a.The circumstances under which the unmanned aerial vehicle system or robot will
127+be used; and
128+b.The specific kinds of information or data the unmanned aerial vehicle system or
129+robot will collect about individuals and how that information or data, as well as
130+conclusions drawn from that information or data, will be used, disclosed, and
131+otherwise handled, including:
65132 (1)The period for which the information or data will be retained; and
66-(2)Whether the information or data will be destroyed, and if so, when and how the
67-information or data will be destroyed.
68-SECTION 4. AMENDMENT. Section 29-29.4-04 of the North Dakota Century Code is amended and
69-reenacted as follows:
133+(2)Whether the information or data will be destroyed, and if so, when and how
134+the information or data will be destroyed.
135+SECTION 4. AMENDMENT. Section 29-29.4-04 of the North Dakota Century Code is
136+amended and reenacted as follows:
70137 29-29.4-04. Exceptions.
71-This chapter does not prohibit any use of an unmanned aerial vehicle or robot for surveillance
72-during the course of:
73-1.Patrol of national borders. The use of an unmanned aerial vehicle or robot to patrol within
74-twenty-five miles [40.23 kilometers] of a national border, for purposes of policing that border to
75-prevent or deter the illegal entry of any individual, illegal substance, or contraband.
76-2.Exigent circumstances. The use of an unmanned aerial vehicle or robot by a law enforcement
77-agency is permitted when exigent circumstances exist. For the purposes of this subsection, H. B. NO. 1613 - PAGE 3
78-exigent circumstances exist when a law enforcement agency possesses reasonable suspicion
79-that absent swift preventative action, there is an imminent danger to life or bodily harm.
80-3.An environmental or weather-related catastrophe. The use of an unmanned aerial vehicle or
81-robot by state or local authorities to preserve public safety, protect property, survey
82-environmental damage to determine if a state of emergency should be declared, or conduct
83-surveillance for the assessment and evaluation of environmental or weather-related damage,
84-erosion, flood, or contamination.
85-4.Research, education, training, testing, or development efforts undertaken by or in conjunction
86-with a school or institution of higher education within the state and its political subdivisions, nor
87-to public and private collaborators engaged in mutually supported efforts involving research,
88-education, training, testing, or development related to unmanned aerial vehicle systems or,
89-unmanned aerial vehicle system technologies, or robot and potential applications.
90-SECTION 5. AMENDMENT. Section 29-29.4-05 of the North Dakota Century Code is amended and
91-reenacted as follows:
138+This chapter does not prohibit any use of an unmanned aerial vehicle or robot for
139+surveillance during the course of:
140+1.Patrol of national borders. The use of an unmanned aerial vehicle or robot to patrol
141+within twenty-five miles [40.23 kilometers] of a national border, for purposes of policing
142+that border to prevent or deter the illegal entry of any individual, illegal substance, or
143+contraband.
144+2.Exigent circumstances. The use of an unmanned aerial vehicle or robot by a law
145+enforcement agency is permitted when exigent circumstances exist. For the purposes
146+of this subsection, exigent circumstances exist when a law enforcement agency
147+possesses reasonable suspicion that absent swift preventative action, there is an
148+imminent danger to life or bodily harm.
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181+3.An environmental or weather-related catastrophe. The use of an unmanned aerial
182+vehicle or robot by state or local authorities to preserve public safety, protect property,
183+survey environmental damage to determine if a state of emergency should be
184+declared, or conduct surveillance for the assessment and evaluation of environmental
185+or weather-related damage, erosion, flood, or contamination.
186+4.Research, education, training, testing, or development efforts undertaken by or in
187+conjunction with a school or institution of higher education within the state and its
188+political subdivisions, nor to public and private collaborators engaged in mutually
189+supported efforts involving research, education, training, testing, or development
190+related to unmanned aerial vehicle systems or, unmanned aerial vehicle system
191+technologies, or robot and potential applications.
192+SECTION 5. AMENDMENT. Section 29-29.4-05 of the North Dakota Century Code is
193+amended and reenacted as follows:
92194 29-29.4-05. Prohibited use - Exceptions.
93-1.A law enforcement agency may not authorize the use of, including granting a permit to use, an
94-unmanned aerial vehicle armed with any lethal weapons.
195+1.A law enforcement agency may not authorize the use of, including granting a permit to
196+use, an unmanned aerial vehicle armed with any lethal weapons.
95197 2.This chapter prohibits any use of an unmanned aerial vehicle or robot for:
96-a.Domestic use in private surveillance. A law enforcement agency may not authorize the
97-use of, including granting a permit to use, an unmanned aerial vehicle or robot to permit
98-any private person to conduct surveillance on any other private person without the
99-express, informed consent of that other person or the owner of any real property on
100-which that other private person is present.
101-b.Surveillance of the lawful exercise of constitutional rights, unless the surveillance is
102-otherwise allowed under this chapter.
103-3.A law enforcement agency may not authorize the use of a robot to deploy a lethal weapon,
104-unless the weapon is controlled remotely, cannot be activated autonomously, and is used to:
105-a.Neutralize an inanimate object at risk of exploding or causing an immediate threat to
106-public safety or property; or
198+a.Domestic use in private surveillance. A law enforcement agency may not
199+authorize the use of, including granting a permit to use, an unmanned aerial
200+vehicle or robot to permit any private person to conduct surveillance on any other
201+private person without the express, informed consent of that other person or the
202+owner of any real property on which that other private person is present.
203+b.Surveillance of the lawful exercise of constitutional rights, unless the surveillance
204+is otherwise allowed under this chapter.
205+3.A law enforcement agency may not authorize the use of a robot to deploy a lethal
206+weapon, unless the weapon is controlled remotely, cannot be activated autonomously,
207+and is used to:
208+a.Neutralize an inanimate object at risk of exploding or causing an immediate
209+threat to public safety or property; or
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107241 b.Prevent an imminent and substantial risk of serious bodily injury or death to a law
108-enforcement officer or another individual, in a circumstance where the use of lethal force
109-by an officer would be legally justified.
110-4.A law enforcement agency may not authorize the use of an unmanned aerial vehicle or robot
111-to deploy a less than lethal weapon, unless the weapon is controlled remotely and cannot be
112-activated autonomously.
113-5.A law enforcement agency, before authorizing any use of force, shall adopt a policy on the use
114-of force by an unmanned aerial vehicle or robot, which includes the individuals with authority
115-to authorize the use of force by an unmanned aerial vehicle or robot.
116-SECTION 6. AMENDMENT. Section 29-29.4-06 of the North Dakota Century Code is amended and
117-reenacted as follows: H. B. NO. 1613 - PAGE 4
242+enforcement officer or another individual, in a circumstance where the use of
243+lethal force by an officer would be legally justified.
244+4.A law enforcement agency may not authorize the use of an unmanned aerial vehicle or
245+robot to deploy a less than lethal weapon, unless the weapon is controlled remotely
246+and cannot be activated autonomously.
247+5.A law enforcement agency, before authorizing any use of force, shall adopt a policy on
248+the use of force by an unmanned aerial vehicle or robot, which includes the individuals
249+with authority to authorize the use of force by an unmanned aerial vehicle or robot.
250+SECTION 6. AMENDMENT. Section 29-29.4-06 of the North Dakota Century Code is
251+amended and reenacted as follows:
118252 29-29.4-06. Documentation of unmanned aerial vehicle or robot use.
119-1.The person authorized to conduct the surveillance under this chapter shall document all use of
120-an unmanned aerial vehicle or robot for surveillance. The person shall document all
121-surveillance flights as to duration, flight path, and mission objectives.
122-2.The flight information must be verified as accurate and complete by the supervising person
123-authorized by a court to conduct the surveillance.
253+1.The person authorized to conduct the surveillance under this chapter shall document
254+all use of an unmanned aerial vehicle or robot for surveillance. The person shall
255+document all surveillance flights as to duration, flight path, and mission objectives.
256+2.The flight information must be verified as accurate and complete by the supervising
257+person authorized by a court to conduct the surveillance.
124258 3.The flight information required under this section must be retained for five years.
125-4.Any imaging or any other forms of data lawfully obtained under this chapter which are not
126-accompanied by a reasonable and articulable suspicion that the images or data contain
127-evidence of a crime, or are relevant to an ongoing investigation or trial, may not be retained for
128-more than ninety days.
129-5.Except for the operational capabilities of the unmanned aerial vehicle system or robot and
130-other operational information strictly related to the technical conduct and physical security of
131-the surveillance operation, a person accused of a crime that includes evidence gathered
132-through the use of an unmanned aerial vehicle system or robot surveillance may obtain all
133-information relating to the person acquired in the course of the surveillance through subpoena
134-and discovery proceedings available in criminal proceedings.
135-6.A law enforcement agency deploying a robot armed with a lethal weapon shall document the
136-requirements provided in section 29 - 29.4 - 05.
137-7.Any other person that has an interest in obtaining the documentation required by this section
138-may obtain that documentation pursuant to chapter 44-04. H. B. NO. 1613 - PAGE 5
139-____________________________ ____________________________
140-Speaker of the House President of the Senate
141-____________________________ ____________________________
142-Chief Clerk of the House Secretary of the Senate
143-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
144-Assembly of North Dakota and is known on the records of that body as House Bill No. 1613.
145-House Vote: Yeas 91 Nays 0 Absent 3
146-Senate Vote:Yeas 46 Nays 0 Absent 1
147-____________________________
148-Chief Clerk of the House
149-Received by the Governor at ________M. on _____________________________________, 2025.
150-Approved at ________M. on __________________________________________________, 2025.
151-____________________________
152-Governor
153-Filed in this office this ___________day of _______________________________________, 2025,
154-at ________ o’clock ________M.
155-____________________________
156-Secretary of State
259+4.Any imaging or any other forms of data lawfully obtained under this chapter which are
260+not accompanied by a reasonable and articulable suspicion that the images or data
261+contain evidence of a crime, or are relevant to an ongoing investigation or trial, may
262+not be retained for more than ninety days.
263+5.Except for the operational capabilities of the unmanned aerial vehicle system or robot
264+and other operational information strictly related to the technical conduct and physical
265+security of the surveillance operation, a person accused of a crime that includes
266+evidence gathered through the use of an unmanned aerial vehicle system or robot
267+surveillance may obtain all information relating to the person acquired in the course of
268+the surveillance through subpoena and discovery proceedings available in criminal
269+proceedings.
270+6.A law enforcement agency deploying a robot armed with a lethal weapon shall
271+document the requirements provided in section 29 - 29.4 - 05.
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305+7.Any other person that has an interest in obtaining the documentation required by this
306+section may obtain that documentation pursuant to chapter 44-04.
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