SB 196

This bill restricts the use of drones. The bill defines a drone as a powered, aerial

vehicle that does not carry a human operator, uses aerodynamic vehicle lift, and can

fly autonomously or be piloted remotely.

Under the bill, no law enforcement agency may use a drone that is equipped

with video or audio recording equipment to collect evidence or information in a

criminal investigation without first obtaining a search warrant. The bill allows a law

enforcement agency to use a drone without a search warrant if it is necessary to do

so for certain emergency purposes, including to locate an escaped prisoner, to aid in

a search and rescue mission, or to prevent imminent harm to a person or the

imminent destruction of evidence. Under the bill, evidence obtained by a drone in

violation of the law is not admissible in a criminal proceeding.

Under the bill, a person who sells, possesses, or uses a weaponized drone is

guilty of a Class H felony, and may be fined up to $10,000, imprisoned for up to six

years, or both. The bill prohibits a person, except a law enforcement officer who has

a search warrant or is acting for a permissible emergency purpose, from using a

drone that is equipped with video or audio recording equipment to photograph,

record, or otherwise observe another individual in a place where the individual has

a reasonable expectation of privacy. Anyone who does so is guilty of a Class A

misdemeanor, and may be fined up to $10,000, imprisoned for up to nine months, or

both.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.