97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GUERNSEY.
0371H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 305, RSMo, by adding thereto four new
sections relating to unmanned aerial surveillance.
Be it enacted by the General Assembly of the state of
Missouri, as follows:
Section A. Chapter 305, RSMo, is amended by adding
thereto four new sections, to be 2 known as sections 305.635, 305.637, 305.639, and
305.641, to read as follows:
305.635.
1. Sections 305.635 to 305.641 shall be known
and may be cited as the
“Preserving
Freedom from Unwarranted Surveillance Act”.
2. As used
in sections 305.635 to 305.641, the following terms shall mean:
(1) “Drone”,
any powered, aerial vehicle that:
(a) Does not
carry a human operator;
(b) Uses
aerodynamic forces to provide vehicle lift;
(c) Can fly
autonomously or be piloted remotely;
(d) Can be
expendable or recoverable; and
(e) Can
carry a lethal or non-lethal payload.
(2)
“Unmanned aircraft”, an aircraft that is operated without the
possibility of direct
human intervention from within or on the aircraft.
(3) “Law
enforcement agency”, any state, county, or municipal law enforcement agency in
the state. The term law enforcement agency shall not include the
Missouri department
of corrections, or any state, county, or municipal fire department. 305.637. No person, entity, or state agency shall use
a drone or other unmanned aircraft to
gather evidence or other information pertaining to criminal conduct or
conduct in violation
of a statute or regulation except to the extent authorized in a warrant.
HB 46
.No
person, entity, or state agency shall use a drone or other unmanned
aircraft to conduct
surveillance of any individual, property owned by an individual, farm,
or agricultural
industry without the consent of that individual, property owner, farm or agricultural
industry. 305.639. This act does not prohibit the use of a drone
by a law enforcement agency when exigent
circumstances exist. For the purposes of this section, exigent
circumstances exist if a
law enforcement agency possesses reasonable suspicion that, under
particular
circumstances, swift action to prevent imminent danger to life is
necessary.
305.64
1. Any aggrieved party may in a civil action
obtain all appropriate relief to prevent
or remedy a violation of this act.
2. No
information obtained or collected in violation of this act may be
admissible as evidence
in a criminal proceeding in any court of law in the state or in an
administrative hearing.
Note: Homeland Surveillance & Electronics LLC
Mission is also to protect the privacy rights of the individuals and to work
with government agencies, organizations and businesses to help insure that those rights are not infringed.
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