Republican lawmakers are circulating a bill what would allow local law enforcement officers to intercept, disable or destroy drones to mitigate a security or privacy threat.
The legislation, coauthored by Rep. Chuck Wichgers, R-Muskego, and Sen. Julian Bradley, R-New Berlin, would allow law enforcement officers to track and remove a drone if they “reasonably suspect it poses an imminent threat to public safety.”
The co-sponsorship memo says its essential to update state statutes to better protect the security and privacy of Wisconsinites as drone technology becomes more advanced and continues to increase in prevalence.
Currently, people cannot shoot down drones in Wisconsin, or any state for that matter, and doing so could result in a civil penalty from the FAA and/or criminal charges from federal, state or local law enforcement, according to the Federal Aviation Administration. While local law enforcement can respond to and enforce local laws related to drone usage, they are unable to physically remove a drones flying unsafely from the sky. The new legislation would grant them that ability.
“Tracking and removing dangerous drones is a way to prevent crime and mass casualty events,” the memo said. “With more advancements every day in drone technology, we must ensure that common sense updates to our laws proactively address these concerns and ensure public safety is maintained.”
The law enforcement agency and officer would not be financially liable for the damage to or loss of a drone under the legislation.
Under current law, no person is allowed to fly an unauthorized drone over a correctional institution, an action that can result in a $5,000 fine. This bill would increase the penalty for violating this prohibition by use of a weaponized drone, which is defined as a drone equipped with a taser firearm, flamethrower, chemical or explosive device. Violators would be subject to a Class H felony, carrying up to six years in prison.
In July, Louisiana enacted a similar drone law that gives law enforcement the authority to intercept and disable unauthorized drones that pose a public safety threat, with penalties up to a $5,000 fine or one year in jail.
What can you do if a drone is unsafely flying over your Wisconsin property?
If a drone is unsafely flying over your property, the FAA advises residents to call local law enforcement. The FAA doesn’t regulate drones when it comes to privacy. That is up to local municipalities.
Under state statute, it is a Class A misdemeanor to use a drone to photograph, record or observe someone in a place where they have a reasonable expectation of privacy. Wisconsin law enforcement agencies may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy if a search warrant is obtained.
Anna Kleiber can be reached at akleiber@gannett.com.
This article originally appeared on Milwaukee Journal Sentinel: Police in Wisconsin would be able to shoot down drones under this new bill. Here’s what it says
Reporting by Anna Kleiber, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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