Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3171 Engrossed / Bill

Filed 04/27/2022

                     
 
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ENGROSSED SENATE AMENDMENT 
TO 
ENGROSSED HOUSE 
BILL NO. 3171 	By: Phillips of the House 
 
  and 
 
  Bergstrom of the Senate 
 
 
 
 
An Act relating to crimes and punishments ; 
prohibiting unlawful uses of drones; making violation 
a misdemeanor; providing exceptions; providing for 
codification; and providing an effective date . 
 
 
 
 
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and 
entire bill and insert 
 
“An Act relating to crimes and punishments ; 
prohibiting unlawful uses of drones; making violation 
a misdemeanor; providing exceptions; providing for 
codification; and providing an effective date . 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statut es as Section 1743 of Title 21, unless there 
is created a duplication in numbering, reads as follows: 
A.  No person using an unmanned aircraft system (UAS) or drone, 
as defined by the Federal Aviat ion Administration, shall, except as 
authorized by law:   
 
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1.  Trespass onto private property or into airspace within four 
hundred (400) feet above ground level with the intent to subject 
anyone to eavesdropping or other surveillanc e; 
2.  Install on private property, without the consent of the 
owner or lessee, any device for observing, photographing, recording, 
amplifying, or broadcasting sounds or events on such property, or 
use any such unauthorized install ation; 
3.  Intentionally use a drone to photogra ph, record, or 
otherwise observe another person in any place where the person has a 
reasonable expectation of privacy; or 
4.  Intentionally land a drone on the lands or waters that are 
the private property of another without the consent of the owner or 
lessee. 
B.  A person who violates this act is guilty of a misdemea nor.  
Paragraph 3 of subsection A of this section shall not apply to a 
drone operator operating a drone for a bona fide business or bona 
fide government purpose who unintentionally or incidentally 
photographs, records, or otherwise observes another person in a 
private place, nor shall it apply to a designated emergenc y 
management worker or government employee or contractor operating a 
drone within the scope of his or her lawful duties of employment.  
Paragraph 4 of subsection A shall not apply to the landing of a 
drone required in the interes t of safety or otherwise in an 
emergency such as to avoid collision with a person or property.   
 
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SECTION 2.  This act shall become effective November 1, 2022. ” 
 
 
Passed the Senate the 26th day of April, 2022. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2022. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives   
 
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ENGROSSED HOUSE 
BILL NO. 3171 	By: Phillips of the House 
 
   and 
 
  Bergstrom of the Senate 
 
 
 
 
 
 
An Act relating to crimes and punishments ; 
prohibiting unlawful uses of drones; making violation 
a misdemeanor; providing exceptions; providing for 
codification; and providing an effective date . 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA: 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes a s Section 1743 of Title 21, unless there 
is created a duplication in numbering, reads as follows: 
A.  No person using an Unmanned Aircraft System (UAS) or drone, 
as defined by the Federal Aviation A dministration, may, except as 
authorized by law: 
1.  Trespass on property with intent to subject anyone to 
eavesdropping or other surveillance in a private place ; 
2.  Install in any private place, wit hout the consent of the 
person or persons entitled to privacy there, any device for 
observing, photographing, recording, amplify ing, or broadcasting 
sounds or events in such place, or use any such unauthorized 
installation;   
 
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3.  Intentionally use a drone to photograph, record, or 
otherwise observe another person in a private place where the person 
has a reasonable expectation of pri vacy; or 
4.  Land a drone on the lands or waters of another resident 
provided the resident owns the land beneath the water body in its 
entirety without the owner 's consent. 
B.  A person who violates this act is guilty of a misdemeanor.  
Paragraphs 2 and 3 of subsection A of this section do not apply to 
law enforcement officers, or to those acting under the direction of 
a law enforcement officer, while engaged in the performance of the 
officers' lawful duties.  Paragraph 3 of subsection A of this 
section does not apply to a drone operator o perating a drone for 
bona fide business or bona fide government purposes who 
unintentionally or incidentally photographs, records, or otherwise 
observes another person in a private place, nor does it apply to a 
designated emergency management worker operat ing a drone within the 
scope of the worker's duties. 
SECTION 4.  This act shall become effective November 1, 2022.   
 
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Passed the House of Representatives the 15th day of March, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the ___ day of __________, 2022. 
 
 
 
  
 	Presiding Officer of the Senate