Amends TCA Title 39.

This bill adds to and revises provisions governing the use of drones, or similar devices, by law enforcement. Generally under present law, in order for a law enforcement agency to use a drone, or other substantially similar device, to search for and collect evidence or obtain information or other data the agency must first obtain a search warrant signed by a judge authorizing the use of a drone or there must be a judicially recognized exception to the warrant requirement that exists at the time of use. Present law does provide certain circumstances under which a drone, or other substantially similar device, may be used to search for and collect evidence or obtain information or data without a search warrant or recognized warrant exception, such as the following: (1) 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; (2) To prevent imminent danger to life where there is reasonable suspicion that, under particular circumstances, immediate action is needed; and (3) At the scene of a fire investigation. This bill adds to the circumstances under which a drone, or similar device, may be used by law enforcement without a search warrant or recognized warrant exception to include use of the device, to: (1) Provide aerial coverage when deployed for the purpose of providing or enhancing security for an event open to the public, including, but not limited to, music concerts, athletic events, festivals, protests, and other outdoor events; (2) Provide aerial coverage in case of a natural disaster when a state of emergency is declared; or (3) Investigate the scene of a crime that is occurring or has occurred. Present law requires that any evidence, information, or other data collected or obtained by use of a drone be deleted within three business days of collection unless it is directly relevant to both the lawful reason the drone was being used and to an ongoing investigation or criminal prosecution. This extends the applicable time period for making this determination from three to 30 business days. ON APRIL 8, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 258, AS AMENDED. AMENDMENT #1 adds that law enforcement must have the consent of the property owner to use a drone, or similar device, without a search warrant or recognized warrant exception to provide aerial coverage when deployed for the purpose of providing or enhancing security for an event open to the public that is located on private property. This amendment changes the time period for making the relevancy determination, as described in the Bill Summary, to 15 days. Under present law, evidence, information, or other data collected or obtained by use of a drone shall not be used as probable cause to obtain a search or arrest warrant or reasonable suspicion to detain a person or vehicle if evidence, information, or other data was collected or obtained that was, at the time of collection, unrelated to and discovered only because of the lawful reason the drone was being used. This amendment instead provides that evidence, information, or other data collected or obtained by use of a drone shall not be used as probable cause to obtain a search or arrest warrant or reasonable suspicion to detain a person or vehicle if evidence, information, or other data was collected or obtained that was, at the time of collection, in violation of the Freedom from Unwarranted Surveillance Act. The provisions of this amendment terminate July 1, 2024, and the law in effect prior to the date that this bill becomes a law will be revived.