Search & Seizure - As enacted, enacts the "Freedom from Unwarranted Surveillance Act." - Amends TCA Title 29 and Title 39.
Companion bill has been assigned Public Chapter Number 470 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB0591Date
    Comp. became Pub. Ch. 47005/31/2013
    Sponsor(s) Added.04/11/2013
    Comp. SB subst.04/11/2013
    Sponsor(s) Added.04/10/2013
    H. Placed on Regular Calendar for 4/11/201304/10/2013
    Placed on cal. Calendar & Rules Committee for 4/10/201304/09/2013
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee04/03/2013
    Placed on cal. Civil Justice Committee for 4/3/201303/27/2013
    Rec. for pass. if am. by s/c ref. to Civil Justice Committee03/26/2013
    Placed on s/c cal Civil Justice Subcommittee for 3/26/201303/20/2013
    Action Def. in s/c Civil Justice Subcommittee to 3/27/201303/20/2013
    Placed on s/c cal Civil Justice Subcommittee for 3/20/201303/13/2013
    Assigned to s/c Civil Justice Subcommittee02/06/2013
    P2C, ref. to Civil Justice Committee02/06/2013
    Intro., P1C.02/04/2013
    Filed for intro.01/31/2013
    Actions For SB0796Date
    Pub. Ch. 470 05/31/2013
    Effective date(s) 07/01/201305/31/2013
    Signed by Governor.05/20/2013
    Transmitted to Gov. for action.05/10/2013
    Signed by H. Speaker05/09/2013
    Signed by S. Speaker05/08/2013
    Enrolled and ready for signatures05/08/2013
    Conf. comm. report adopted, Ayes 72, Nays 1704/19/2013
    Conf. comm. report adopted, Ayes 28, Nays 1 04/19/2013
    Conf. comm. appointed.04/18/2013
    Conf. comm. requested.04/18/2013
    H. Placed on Message Calendar for 4/18/201304/18/2013
    Conf. comm. appointed. (Beavers, Green, Burks) 04/18/2013
    S. refused to recede from its non-concurrence.04/18/2013
    Placed on Senate Message Calendar 2 cal. for 4/18/201304/17/2013
    H. receded from am. no. 204/16/2013
    H. Placed on Message Calendar for 4/16/201304/15/2013
    S. refused to concur in H. am. 204/15/2013
    Placed on Senate Message Calendar cal. for 4/15/201304/11/2013
    Sponsor(s) Added.04/11/2013
    Passed H., as am., Ayes 91, Nays 004/11/2013
    H. adopted am.(Amendment 2 of 0 - HA0452)04/11/2013
    Am. withdrawn.(Amendment 1 - HA0367)04/11/2013
    Subst. for comp. HB.04/11/2013
    Engrossed; ready for transmission to House04/11/2013
    Passed S. as am., Ayes 32, Nays 0, PNV 104/11/2013
    S. adopted am.(Amendment 1 of 0 - SA0364)04/11/2013
    Placed on Senate Regular Calendar cal. for 4/11/201304/09/2013
    Sponsor(s) Added.04/02/2013
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 004/02/2013
    Placed on S. Jud Comm. cal. for 4/2/201303/27/2013
    P2C, ref. to S. Jud Comm.02/06/2013
    Intro., P1C.02/04/2013
    Filed for intro.01/31/2013
  • AmendmentsFiscal Memos
    HA0367Amendment 1-0 to HB0591Fiscal Memo for HA0367 (5435)  
    HA0452Amendment 2-0 to HB0591 
    AmendmentsFiscal Memos
    SA0364Amendment 1-1 to SB0796Fiscal Memo for SA0364 (5435)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB0591

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill prohibits law enforcement agencies from using drones to gather evidence or other information, except as otherwise provided below. A "drone" is a powered, aerial vehicle that:

    (1) Does not carry a human operator;
    (2) Uses aerodynamic forces to provide vehicle lift;
    (3) Can fly autonomously or be piloted remotely;
    (4) Can be expendable or recoverable; and
    (5) Can carry a lethal or nonlethal payload.

    This bills states that it does 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 secretary 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; or
    (3) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life.

    A party aggrieved by a violation of this bill may initiate a civil action against a law enforcement agency to obtain all appropriate relief, as determined by the court, in order to prevent or remedy a violation of this section. Evidence obtained or collected in violation of this bill will not be admissible as evidence in a criminal prosecution in any court of law in this state.

    ON APRIL 11, 2013, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 796, AS AMENDED.

    AMENDMENT #1 redefines "drone" to include that it is operated without the possibility of direct human intervention from within or on the aircraft and remove the provision regarding carrying a lethal or nonlethal payload. This amendment adds that a drone may be used to provide continuous aerial coverage when law enforcement is searching for a fugitive or escapee or is monitoring a hostage situation or to provide more expansive aerial coverage when deployed for the purpose of searching for a missing person.

    This amendment revises this bill's provision whereby evidence obtained or collected in violation of this bill will not be admissible as evidence in a criminal prosecution in any court of law in this state to instead provide that no data collected on an individual, home, or areas other than the target that justified deployment may be used, copied or disclosed for any purpose. Such data must be deleted as soon as possible, and in no event later than 24 hours after collection. This amendment adds that the use of a drone to gather evidence or information will constitute a search. Any law enforcement agency that uses a drone, or other substantially similar device to gather evidence or obtain information, must comply in all respects with the fourth amendment to the Constitution of the United States and article I, section 7, of the Constitution of Tennessee. Absent exigent circumstances or another authorized exception to the warrant requirement, evidence obtained or collected in violation of this bill as amended will not be admissible as evidence in a criminal prosecution in any court of law in this state.

    ON APRIL 11, 2013, THE HOUSE SUBSTITUTED SENATE BILL 796 FOR HOUSE BILL 591, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 796, AS AMENDED.

    AMENDMENT #2 allows use of a drone to protect life and property during crowd monitoring situations.

    ON APRIL 15, 2013, THE SENATE NON-CONCURRED IN HOUSE AMENDMENT #2.

    ON APRIL 16, 2013, THE HOUSE REFUSED TO RECEDE FROM ITS ADOPTION OF HOUSE AMENDMENT #2.

    ON APRIL 18, 2013, THE SENATE REFUSED TO RECEDE IN ITS NON-CONCURRENCE OF HOUSE AMENDMENT #2 AND APPOINTED A CONFERENCE COMMITTEE.

    ON APRIL 18, 2013, THE HOUSE APPOINTED A CONFERENCE COMMITTEE.

    ON APRIL 19, 2013, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.

  • FiscalNote for HB0591/SB0796 filed under HB0591
  • House Floor and Committee Votes

    SB0796 by Beavers - FLOOR VOTE: MOTION TO ADOPT CONFERENCE COMMITTEE REPORT 4/19/2013
    Passed
              Ayes...............................................72
              Noes...............................................17
              Present and not voting...................2

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Calfee, Carr D, Carr J, Carter, Casada, Coley, Cooper, Curtiss, DeBerry J, Dennis, Doss, Dunn, Durham, Eldridge, Evans, Faison, Farmer, Floyd, Forgety, Goins, Halford, Hall, Harrison, Hawk, Haynes, Hill M, Hill T, Holt, Johnson C, Kane, Keisling, Lamberth, Littleton, Lollar, Lundberg, Lynn, Marsh, Matheny, McDaniel, McManus, Miller, Moody, Pody, Ramsey, Rich, Roach, Rogers, Sanderson, Sargent, Sexton, Shepard, Shipley, Sparks, Spivey, Stewart, Swann, Todd, Towns, Travis, Turner J, VanHuss, Weaver, White D, White M, Windle, Wirgau, Womick, Madame Speaker Harwell -- 72.
              Representatives voting no were: Armstrong, Camper, Dean, DeBerry L, Fitzhugh, Hardaway, Jernigan, Johnson G, Jones, Mitchell, Odom, Parkinson, Pitts, Powell, Shaw, Tidwell, Turner M -- 17.
              Representatives present and not voting were: McCormick, Ragan -- 2.

    SB0796 by Beavers - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/11/2013
    Passed
              Ayes...............................................91
              Noes................................................0

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Calfee, Camper, Carr D, Carr J, Carter, Casada, Coley, Cooper, Curtiss, Dean, DeBerry J, Dennis, Doss, Dunn, Durham, Eldridge, Evans, Faison, Farmer, Favors, Fitzhugh, Floyd, Forgety, Goins, Halford, Hall, Hardaway, Harrison, Hawk, Haynes, Hill M, Hill T, Holt, Jernigan, Johnson C, Johnson G, Jones, Kane, Keisling, Lamberth, Littleton, Lollar, Love, Lundberg, Lynn, Marsh, Matheny, McCormick, McDaniel, McManus, Miller, Mitchell, Moody, Parkinson, Pitts, Pody, Powell, Powers, Ragan, Rich, Roach, Rogers, Sanderson, Sexton, Shepard, Shipley, Sparks, Spivey, Stewart, Swann, Tidwell, Todd, Towns, Travis, Turner J, Turner M, VanHuss, Watson, Weaver, White D, White M, Williams K, Williams R, Windle, Wirgau, Womick, Madame Speaker Harwell -- 91.

    SB0796 by Beavers - FLOOR VOTE: PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/11/2013
    Failed
              Ayes...............................................46
              Noes...............................................42

              Representatives voting aye were: Brooks K, Butt, Calfee, Carr J, Carter, Casada, Coley, Durham, Eldridge, Evans, Forgety, Hall, Harrison, Hill M, Hill T, Johnson C, Johnson G, Kane, Lamberth, Littleton, Lundberg, Lynn, Marsh, Matheny, McManus, Moody, Pody, Powers, Ragan, Roach, Sanderson, Sargent, Shepard, Shipley, Stewart, Swann, Tidwell, Todd, Travis, Turner M, VanHuss, Weaver, Williams K, Windle, Womick, Madame Speaker Harwell -- 46.
              Representatives voting no were: Alexander, Brooks H, Carr D, Cooper, Curtiss, Dean, DeBerry J, Dennis, Doss, Dunn, Faison, Farmer, Favors, Floyd, Goins, Halford, Hardaway, Hawk, Haynes, Holt, Jernigan, Jones, Keisling, Love, McCormick, McDaniel, Miller, Mitchell, Pitts, Powell, Rich, Rogers, Sexton, Sparks, Spivey, Towns, Turner J, Watson, White D, White M, Williams R, Wirgau -- 42.

              HB0591 by VanHuss - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/10/2013
              Voice Vote - Ayes Prevail Rep.(s) Dean requested to be recorded as voting No

              HB0591 by VanHuss - HOUSE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 4/3/2013
              Voice Vote - Ayes Prevail

              HB0591 by VanHuss - HOUSE CIVIL JUSTICE SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Civil Justice Committee 3/26/2013
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB0796 by Beavers - FLOOR VOTE: MOTION TO ADOPT Conference Committee Report 4/19/2013
    Passed
              Ayes...............................................28
              Noes................................................1

              Senators voting aye were: Beavers, Bell, Bowling, Campfield, Dickerson, Finney, Gardenhire, Green, Gresham, Haile, Harper, Henry, Hensley, Johnson, Kelsey, Ketron, Kyle, McNally, Niceley, Norris, Overbey, Southerland, Stevens, Tate, Tracy, Watson, Yager, Mr. Speaker Ramsey -- 28.
              Senators voting no were: Burks -- 1.

    SB0796 by Beavers - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/11/2013
    Passed
              Ayes...............................................32
              Noes................................................0
              Present and not voting...................1

              Senators voting aye were: Beavers, Bell, Bowling, Burks, Campfield, Crowe, Dickerson, Finney, Ford, Gardenhire, Green, Gresham, Haile, Harper, Henry, Hensley, Johnson, Kelsey, Ketron, Kyle, McNally, Niceley, Norris, Overbey, Southerland, Stevens, Summerville, Tate, Tracy, Watson, Yager, Mr. Speaker Ramsey -- 32.
              Senators present and not voting were: Massey -- 1.

    SB0796 by Beavers - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/2/2013
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Bell, Campfield, Finney, Ford, Gardenhire, Green, Kelsey, Overbey, Stevens -- 9.