ENGR. S. A. TO ENGR. H. B. NO. 3171 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: ENGR. S. A. TO ENGR. H. B. NO. 3171 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. ENGR. S. A. TO ENGR. H. B. NO. 3171 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 3171 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; ENGR. H. B. NO. 3171 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. ENGR. H. B. NO. 3171 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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