HB 46 Establishes the Preserving Freedom from Unwarranted Surveillance Act to prohibit the use of a drone or other aircraft to gather evidence or other information with specified exceptions

     Handler: Emery

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 46 - This act establishes the Preserving Freedom from Unwarranted Surveillance Act. No person, entity or state agency can use a drone or unmanned aircraft to gather evidence or other information pertaining to criminal conduct except to the extent authorized in a warrant. A person, entity or state agency is prohibited from using such aircraft to conduct surveillance of any individual or property owned by an individual, farm or agricultural industry without the consent of such individual, property owner, farm, or agricultural industry. Further, individuals and entities, including journalists and news organizations, are prohibited from using a drone or unmanned aircraft to conduct surveillance of an individual or the individual's property without the consent of the individual.

The prohibitions contained in this act regarding the use of such aircraft, including manned aircraft, do not prohibit their use by a state law enforcement agency, a Missouri-based higher education institution to conduct certain research and educational programs in collaboration with the United States Department of Defense, a manufacturer and seller engaged in research and development of such aircraft when operating such aircraft in accordance with their standard operating procedures, or a rural electric cooperative and public utility company regulated by the Public Service Commission under conditions described in the act. Also, the use of model aircraft is not prohibited by this act.

Any aggrieved party may commence a civil action to obtain all appropriate relief. No information obtained or collected in violation of this act is admissible in any criminal court or administrative proceeding. Sovereign immunity for the state is waived for any civil action resulting from a violation of this act.

This act contains an emergency clause.

JIM ERTLE


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