HB 5 seeks to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A. relating to invasions of privacy. 

            New part 4 is added to the aforementioned section of the O.C.G.A. It delineates instances in which it is lawful to capture an image using an unmanned aircraft in this state, including but not limited to designations by the Federal Aviation Administration, the U.S. military, for purposes of satellite mapping, for an electric or natural gas utility, pursuant to valid search or arrest warrant, if captured by law enforcement or for investigating scenes of crimes in specific instances, etc.

It shall be illegal for a person to use an unmanned aircraft to capture an image of an individual or privately owned real property with the intent to conduct surveillance on such property. Such individual shall be guilty of a misdemeanor. Defense to such crime includes: destruction of the image upon knowledge that the image was taken in violation of the Code Section; without disclosing displaying, or distributing the image to a third party.

It shall be illegal for an individual to capture such image and thereafter possess, disclose, display, distribute, or otherwise use such image. Such individual shall be guilty of a misdemeanor. Each image shall constitute a separate offense.

The bill further delineates when and under what circumstances such images may be admissible in court.

It shall be illegal to operate an unmanned aircraft at an altitude in excess of 1,000 feet above ground level or at a horizontal radius of five statute miles from the geographic center of any airport in this state unless it is approved by the air control tower or by the authority in charge of the airport.

Between January 1^st and 15^th of each odd-numbered year, each law enforcement agency that used or operated an unmanned aircraft within the preceding 24 months shall issue a written report to the Governor, the Lieutenant Governor, and each member of the General Assembly. Specifications for such notice are included in the bill.