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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3146 By: Humphrey
AS INTRODUCED
An Act relating to criminal procedure; creating the
Freedom from Unwarranted Surveillance Act; defining
terms; prohibiting certain agencies and persons from
using drones to gather evidence or record images;
providing presumption of privacy on privately owned
property; listing exceptions to certain prohibited
conduct; stating remedi es for violations; making
certain evidence inadmissible in criminal
prosecutions; providing for codification; an d
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 Statutes as Section 2021 of Title 22, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Freedom from
Unwarranted Surveillance Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2022 of Title 22, unless there
is created a duplication in numbering, reads as fol lows:
As used in this act:
1. "Drone" means a powered, aerial vehicle that:
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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 nonlethal payl oad.
2. "Image" means a record of thermal, infrared, ultrav iolet,
visible light, or oth er electromagnetic waves , sound waves, odors,
or other physical phenomena which captures conditions existing on or
about real property or an individual located on that property;
3. "Imaging device" means a mechanical, digital, or electronic
viewing device, still camera, camcorder, motion picture camera , or
any other instrument, equipment, or format capable of recording,
storing, or transmitting an image;
4. "Law enforcement agency" means a lawfully established state
or local public agency that is responsi ble for the prevention and
detection of crime, local government code enforcement, and the
enforcement of penal, traffic, regulator y, game, or controlled
dangerous substances laws;
5. "Political subdivision " means any municipality, city, town,
village, school, or county;
6. "State agency" means any agency, department, board or
commission of the state or any state eleemosynary, educa tional,
rehabilitative, correctional , or custodial facility; and
7. "Surveillance" means:
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a. with respect to an owner, tena nt, occupant, invitee,
or licensee of privately owned real property, the
observation of such persons with sufficient visual
clarity to be able to obtain information about their
identity, habits, conduct, movements, or whereabouts ,
or
b. with respect to privately owned real property, the
observation of the physical improvements of such
property with sufficient visual clarity to be able t o
determine unique identifying featur es or its occupancy
by one or more persons .
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2023 of Title 22, unless there
is created a duplication in n umbering, reads as follows:
A. A law enforcement agency may not use a drone to gather
evidence or other information, except as provided in Section 4 of
this act.
B. A person, a state agency, or a political subdivision may not
use a drone equipped with an imaging device to record an image of
privately owned real property or of the owner, tenant, occupant,
invitee, or licensee o f such property with the intent to conduct
surveillance on the individual or property captured in the image in
violation of the reasonable expectation of privacy of such person
without his or her written consent. For purposes of this sectio n, a
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person is presumed to have a reasonable expectation of privacy on
his or her privately owned real property if he or she is not
observable by persons located at ground level in a place where they
have a legal right to be, regardless of whether he or sh e is
observable from the air with the use of a drone.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2024 of Title 22, unless there
is created a duplication in numbering, reads as follows:
The provisions of this act do not prohibit the use of a drone:
1. To counter a high risk of a terrorist attack by a specific
individual or organization if the United States Secretar y of
Homeland Security determines that credible intelligence indicates
that there is such a risk;
2. If the law enforcement agency first obtains a search warrant
signed by a judge authorizing the use of a drone ;
3. If the law enforcement agency possesses reasonable suspicion
that, under particular circumstances, swift action is needed to
prevent imminent danger to life or serious damage to property, to
forestall the imminent escape of a suspect or the destruction of
evidence, or to achieve purposes includ ing, but not limited to,
facilitating the search for a missing person . Provided, the head of
the law enforcement agency using the drone for this purpose must
provide written authorization for such use and must mainta in a copy
on file at the agency ;
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4. To assist a law enforcement agency with traffic management;
provided, however, a law enfor cement agency acting under this
paragraph may not issue a traffic infraction citation based on
images or video captured by a dron e;
5. To facilitate the collection of evidence by a law
enforcement agency at a crime scene or traffic crash scene ;
6. By a state agency or political subdivision for:
a. the assessment of damage due to a flood, a wildfire,
or any other natural disaster t hat is the subject of a
state of emergency declared by the state or by a
political subdivision, before the expiration of the
emergency declaration, or
b. vegetation or wildlife management on publicly owned
land or water.
7. By certified fire department pe rsonnel to perform tasks
within the scope and practice authori zed under their certifications ;
8. By a person or an entity enga ged in a business or profession
licensed by the state, or by an agent, employee, or contractor
thereof, if the drone is used only to perform reasonable tasks
within the scope of practice or a ctivities permitted under the
license of such person or entity. However, this exception does not
apply to a profession in which the authorized scope of practice of
the licensee includes obtaining information about the identity,
habits, conduct, movements, whereabo uts, affiliations, associations,
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transactions, reputatio n, or character of any society, person, or
group of persons;
9. By an employee or a contractor of a property appraiser who
uses a drone solely for the purpose of asses sing property for ad
valorem taxation;
10. To capture images by or for an electric, wat er, or natural
gas utility:
a. for operations and maintenance of utility facilities,
including facilities used in the generation,
transmission, or distribution of elect ricity, gas, or
water, for the purpose of maintaining utility system
reliability and integrity,
b. for inspecting utility facilities, including
pipelines, to determine construction, repair,
maintenance, or replacement needs before, during, and
after construction of such facilities ,
c. for assessing vegetation growth for the purpose of
maintaining clearances on utility rights -of-way,
d. for utility routing, siting, and permitting for the
purpose of constructing utility facilities or
providing utility service s, or
e. for conducting environmen tal monitoring, as provided
by federal, state, or loca l law, rule, or permit .
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11. For aerial mapping, if the person or entity using a drone
for this purpose is operating in compliance with Federal Aviation
Administration regulations;
12. To deliver cargo, if the person or entity using a drone for
this purpose is operating in compliance with Federal Aviation
Administration regulations ;
13. To capture images necessary for the safe oper ation or
navigation of a drone that is being used for a purpose allowed und er
federal or Oklahoma law;
14. By a communications service provider or a contractor for a
communications service provider for routing, siting, installation,
maintenance, or inspec tion of facilities used to provide
communications services ;
15. By an employee of the Oklahoma Department of Wildlife
Conservation for the purposes of managing and eradicating invasive
exotic plants or animals on public lands and suppressing and
mitigating wildfire threats; or
16. By a non-law enforcement employee of the Oklahoma
Department of Agricultur e, Food, and Forestry for activities for the
purposes of managing and eradicating plant or animal diseases.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2025 of Title 22, unless there
is created a duplication i n numbering, reads as follows:
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A. An aggrieved party may initiate a civil action against a law
enforcement agency to obtain all appropriate relief in order to
prevent or remedy a violation of this act.
B. The owner, tenant, occupant, invitee, or licensee of
privately owned real property may initiate a civil action for
compensatory damages for violations of this act and may seek
injunctive relief to prevent future violations of this act against a
person, state agency, or political subdivision that violates the
provisions of subsection B of Section 3 of this act . In such
action, the prevailing party is entitled to recover reasonable
attorney fees from the non-prevailing party based on the actual and
reasonable time expended by his or her attorney billed at an
appropriate hourly rate and, in cases in which the payment of such a
fee is contingent on the outcome, without a multiplier, unless the
action is tried to verdict, in which case a multiplier of up to
twice the actual value of the time expended may be aw arded in the
discretion of the trial court.
C. Punitive damages for a violation of subsection B of Section
3 of this act may be sought against a person subject to other
requirements and limitation s of law.
D. The remedies provided for a violation of subsection B of
Section 3 of this act are cumulative to other existing remedies.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2026 of Title 22, unless there
is created a duplication in numbe ring, reads as follows:
Evidence obtained or collect ed in violation of the provisions of
this act shall not be admissible as evidence in a criminal
prosecution in any court of law in this sta te.
SECTION 7. This act shall become effective November 1, 2024.
59-2-8558 GRS 12/31/23