Judiciary panel endorses felony penalties and limited countermeasure authority for drones over protected sites

South Dakota Legislature, Senate Judiciary Committee · February 27, 2026

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Summary

HB 1280 would upgrade unauthorized drone operations over prisons, jails, juvenile facilities and military installations to a felony and authorize the Department of Public Safety to adopt mitigation rules once federal training standards exist; supporters cited drone flights near Ellsworth Air Force Base and national-security concerns.

Representative Terry Jorgensen told the committee HB 1280 responds to growing threats from unauthorized drone flights near correctional facilities and military installations and would elevate certain violations to a felony. "Unauthorized drone activity can threaten public safety," he said, and argued penalties and mitigation authority should match modern risks.

Jason Kettering of the Department of Public Safety asked the panel to approve rulemaking authority that would allow state guidance on mitigation techniques once federal training standards are finalized. Chief Robert Connell of the Box Elder Police Department described a 10‑day surveillance period that detected dozens of drone flights near Ellsworth Air Force Base and said closer mitigation tools would be useful to prevent data collection or contraband delivery.

Supporters described lawful constraints — for example, law enforcement cannot shoot down drones — and said countermeasures like jamming or capture nets are contemplated within federal rules. The committee voted unanimously to recommend HB 1280 and placed it on the consent calendar.