SB 330 - Prohibits Individuals from Using an Unmanned Aircraft to Capture Certain Images or Wireless Data - Louisiana Key Vote

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Title: Prohibits Individuals from Using an Unmanned Aircraft to Capture Certain Images or Wireless Data

Vote Smart's Synopsis:

Vote to pass a bill that prohibits an individual from using an unmanned aircraft to capture certain images or wireless data.

Highlights:

  • Prohibits an individual from using an unmanned aircraft in the following ways (Sec. 1):
    • For the purpose of capturing an image of an individual or private property with the intent to conduct surveillance on the individual or property captured;
    • For the purpose of possessing, disclosing, displaying, distributing, or otherwise using an image captured in violation of the section; and
    • For the purpose of capturing a “wireless data transmission” not authorized by the sender or recipient of the data.
  • Defines “wireless data transmission” as any transmission of digital information or any communication via a wireless Internet service, cellular telephone, or similar device or means of transmission (Sec. 1). 
  • Authorizes the capture of an image or a wireless data transmission by an unmanned aircraft under the following conditions (Sec. 1):
    • If it is part of an operation, exercise, or mission of any branch of the United States military or the Department of Homeland Security; 
    • If it is obtained by a satellite for the purpose of mapping; 
    • If it is pursuant to a valid warrant for search or arrest; or
    • If it is used solely in a generally accepted agricultural operation or in conjunction with a research program or initiative conducted by a public institution of higher education relative to agriculture. 
  • Authorizes the use of unmanned aircraft by a law enforcement agency or a person who is under contract with or otherwise acting under the direction or on behalf of a law enforcement agency for certain purposes including, but not limited to, the following purposes (Sec. 1):
    • For the purpose of documenting a crime scene where an offense has occurred;
    • For the purpose of searching for a missing person; or
    • For the purpose of surveying the scene of a catastrophe to determine a state of emergency.
  • Establishes the following penalties for violators of the provisions of this bill (Sec. 1):
    • A fine of not more than $500 for individuals that use an unmanned aircraft to capture images or wireless data transmissions. 
    • A fine of not more than $2000 or six months imprisonment, or both, for individuals that possess and distribute an image captured in violation of the provisions of this bill. 
  • Authorizes the owner or lessee of privately owned property, or the sender or recipient of a wireless data transmission, to recover a civil penalty of the following amounts from an individual who violated the provisions of this bill (Sec. 1):
    • A total of $5,000 for all images or data captured in a single episode
    • A total of $10,000 for disclosure, display, distribution, or other use of any images or wireless data transmission captured in a single occurrence. 

NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.

See How Your Politicians Voted

Title: Prohibits Individuals from Using an Unmanned Aircraft to Capture Certain Images or Wireless Data

Vote Smart's Synopsis:

Vote to pass a bill that prohibits an individual from using an unmanned aircraft to capture certain images or wireless data.

Highlights:

  • Prohibits an individual from using an unmanned aircraft in the following ways (Sec. 1):
    • For the purpose of capturing an image of an individual or private property with the intent to conduct surveillance on the individual or property captured;
    • For the purpose of possessing, disclosing, displaying, distributing, or otherwise using  an image captured in violation of the section; and
    • For the purpose of capturing a “wireless data transmission” not authorized by the sender or recipient of the data.
  • Defines “wireless data transmission” as any transmission of digital information or any communication via a wireless Internet service, cellular telephone, or similar device or means of transmission (Sec. 1). 
  • Authorizes the capture of an image or a wireless data transmission by an unmanned aircraft under the following conditions (Sec. 1):
    • If it is part of an operation, exercise, or mission of any branch of the United States military or the Department of Homeland Security;
    • If it is obtained by a satellite for the purpose of mapping; or 
    • If it is pursuant to a valid warrant for search or arrest.
  • Authorizes the use of unmanned aircraft by a law enforcement agency or a person who is under contract with or otherwise acting under the direction or on behalf of a law enforcement agency for certain purposes including, but not limited to, the following purposes (Sec. 1):
    • For the purpose of documenting a crime scene where an offense has occurred;
    • For the purpose of searching for a missing person; or
    • For the purpose of surveying the scene of a catastrophe to determine a state of emergency.
  • Establishes the following penalties for violators of the provisions of this bill (Sec. 1):
    • A fine of not more than $500 for individuals that use an unmanned aircraft to capture images or wireless data transmissions. 
    • A fine of not more than $2000 or six months imprisonment, or both, for individuals that possess and distribute an image captured in violation of the provisions of this bill. 
  • Authorizes the owner or lessee of privately owned property, or the sender or recipient of a wireless data transmission, to recover a civil penalty of the following amounts from an individual who violated the provisions of this bill (Sec. 1):
    • A total of $5,000 for all images or data captured in a single episode
    • A total of $10,000 for disclosure, display, distribution, or other use of any images or wireless data transmission captured in a single occurrence. 

Title: Prohibits Individuals from Using an Unmanned Aircraft to Capture Certain Images or Wireless Data

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