SCS/HCS/HB 1204 - This act establishes the Preserving Freedom from Unwarranted Surveillance Act. No state agency or county or municipal law enforcement agency can use a drone or unmanned aircraft to gather evidence or other information pertaining to criminal or unlawful conduct except to the extent authorized in a warrant. A law enforcement agency, without a warrant, may use a drone or unmanned aircraft in certain emergency situations and to assess the necessity of first responders in situations relating to traffic accidents or fires. Nothing in this act shall be construed to prohibit a law enforcement officer from gathering evidence under the plain view doctrine. 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.
The prohibitions contained in this act regarding the use of such aircraft do not prohibit their use by a law enforcement agency under a warrant; a Missouri-based higher education institution to conduct certain research and educational programs in collaboration with the United States Department of Defense; a manufacturer or seller for research and development of such aircraft; certain utilities; persons disseminating forms of public communication, provided such persons do not violated the established privacy rights of any person; real estate agents and brokers; any branch of the U.S. Armed Forces or National Guard; any professional engaged in surveying, mapping or engineering; and any person gathering weather-related information for a weather service. 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 is similar to HCS/HB 46 (2013).
JIM ERTLE