This amendment substantially NARROWS and WEAKENS the bill by replacing broad drone surveillance prohibitions at military installations with a more limited ban on drone operation over prisons, jails, and military facilities (requiring only authorization rather than prior written consent), and downgrading the penalty from a Class 6 felony to a Class 1 misdemeanor while removing law enforcement's explicit authority to intercept or disable drones through jamming, hacking, or physical capture.
26.956.11 26.956.12 101st Legislative Session 1280 2026 South Dakota Legislature House Bill 1280 HOUSE MILITARY AND VETERANS AFFAIRS ENGROSSED This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor. Introduced by: Representative Jorgenson Underscores indicate new language. Overstrikes indicate deleted language. An Act to prohibit drone surveillance increase penalties for the operation of state military installations, drones over certain facilities and 1 to provide a 1 penalty therefor, for mitigation techniques and to authorize law enforcement to intercept or disable any countermeasures. 2 drone or small unmanned aircraft threatening public safety. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 3 Section 1. That a NEW SECTION § 50-15-3 be added to chapter 50-15: 5 AMENDED: 4 50-15-3. No person may use operate a drone, small unmanned aircraft, drone over the grounds of a prison, correctional 5 facility, jail, juvenile detention facility, or small unmanned aircraft any military facility unless expressly authorized 6 system, as defined in § 50-1-1, to conduct surveillance of, interfere with by the operation of, 7 or photographically or electronically record a state military installation, facility, aircraft, 8 military vehicle, or weapons system, without obtaining prior written consent from the 9 military installation or facility commander. 10 administrator thereof. A violation of this section is a Class 1 misdemeanor 6 felony. 11 7 Law enforcement officers may utilize mitigation techniques and countermeasures, 8 authorized in accordance with section 2 of this Act, in response to a violation of this 9 section. 10 Section 2. That a NEW SECTION be added to chapter 50-15: 11 The Department of Public Safety may promulgate rules, in accordance with chapter 12 If 1-26, to: 13 (1) Identify the nature and scope of mitigation techniques and drone countermeasures 14 that may be utilized in response to a violation of § 50-15-3; and 15 (2) Develop and implement a training program for law enforcement officer suspects that a drone, small unmanned aircraft, or 13 small unmanned aircraft system, as defined officers in § 50-1-1, is engaged in any the 16 selection and use of the activities 14 prohibited in §§ 50-15-3 to 50-15-5.1, inclusive, mitigation techniques and section 1 of this Act, the officer may 15 take reasonable and necessary mitigation measures to protect public safety. A law 16 enforcement officer may intercept or disable the drone or small unmanned aircraft by: countermeasures. 17 (1) Jamming; 18 (2) Hacking; or 19 (3) Physical capture. 20 No law enforcement officer may use a firearm to disable a drone or small unmanned 21 aircraft. 22 A law enforcement officer may act pursuant to this section only if there is 23 reasonable suspicion that a drone or small unmanned aircraft is an imminent threat to 24 public safety, or is otherwise in violation of state or federal law. 25 26.956.11 2 1280 Underscores indicate new language. Overstrikes indicate deleted language. In addition to the penalty set forth for any offense under §§ 50-15-3 to 50-15-5.1, 1 inclusive, a court may order the forfeiture, destruction, sale, or other disposition of any 2 drone, small unmanned aircraft, or small unmanned aircraft system intercepted, disabled 3 or captured pursuant to this section, under the process set forth in chapter 23A-49. 4