South Carolina General Assembly
124th Session, 2021-2022

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Bill 3596


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-170 SO AS TO PROHIBIT THE SURVEILLANCE OF FARMLAND, TIMBERLAND, FIELDS, OR OTHER CERTAIN LAND BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY THROUGH THE USE OF SURVEILLANCE EQUIPMENT WITHOUT FIRST OBTAINING A WARRANT OR THE PROPERTY OWNER'S PERMISSION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 46 of the 1976 Code is amended by adding:

    "Section 46-1-170. (A) As used in this section, 'surveillance equipment' means electronic equipment used to conduct secret observation of the activities of another person including, but not limited to, video cameras, audio recorders, and unmanned aerial vehicles. This includes equipment that is available to the general public.

    (B)    The farmland, timberland, fields, or area beyond the curtilage but still within the boundary of an individual's property may not be subject to surveillance through surveillance equipment installed on private property by a state or local law enforcement agency without the agency first obtaining a warrant or the property owner's permission.

    (C)    Any video footage, audio clips, or other form of recorded footage obtained in violation of this section is inadmissible as evidence in a court of this State."

SECTION    2.    This act takes effect upon approval by the Governor.

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