Bill Text: CT HB07260 | 2017 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Use And Regulation Of Drones.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-05-01 - No Action [HB07260 Detail]
Download: Connecticut-2017-HB07260-Comm_Sub.html
General Assembly |
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January Session, 2017 |
*_____HB07260JUD___033017____* |
AN ACT CONCERNING THE USE AND REGULATION OF DRONES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2017) (a) For the purposes of this section:
(1) "Law enforcement officer" means (A) a special policeman appointed under section 29-18 of the general statutes, or (B) an officer, employee or agent of (i) the Division of State Police within the Department of Emergency Services and Public Protection, (ii) a special police force established pursuant to section 10a-156b of the general statutes, or (iii) a municipal police department; and
(2) "Unmanned aerial vehicle" means any contrivance used or designed for navigation of or flight in air that is power-driven and operated without the possibility of direct human intervention from within or on the contrivance.
(b) Except as otherwise provided by law, no person, except a law enforcement officer performing his or her duties, shall operate or use any computer software or other technology, including, but not limited to, an unmanned aerial vehicle, that allows such person, when not physically present, to release tear gas or any like or similar deleterious agent or to remotely control a deadly weapon, as defined in section 53a-3 of the general statutes, or an explosive or incendiary device, as defined in section 53-206b of the general statutes.
(c) Any person who violates subsection (b) of this section shall be guilty of a class C felony.
Sec. 2. (NEW) (Effective October 1, 2017) (a) A person is guilty of reckless endangerment with an unmanned aerial vehicle in the first degree when, with extreme indifference to human life, such person recklessly collides an unmanned aerial vehicle into an aircraft or a motor vehicle, creating a risk of serious physical injury to another person. For purposes of this section, "recklessly" and "serious physical injury" have the same meanings as provided in section 53a-3 of the general statutes, "unmanned aerial vehicle" has the same meaning as provided in section 1 of this act, "aircraft" has the same meaning as provided in section 15-34 of the general statutes, as amended by this act, and "motor vehicle" means a passenger or commercial motor vehicle or a motorcycle, as defined in section 14-1 of the general statutes, and includes construction equipment, agricultural tractors and farm implements.
(b) Reckless endangerment with an unmanned aerial vehicle in the first degree is a class A misdemeanor.
Sec. 3. (NEW) (Effective October 1, 2017) (a) A person is guilty of reckless endangerment with an unmanned aerial vehicle in the second degree when such person recklessly collides an unmanned aerial vehicle into an aircraft or a motor vehicle, which creates a risk of physical injury to another person. For purposes of this section, "recklessly" and "physical injury" have the same meanings as provided in section 53a-3 of the general statutes, "unmanned aerial vehicle" has the same meaning as provided in section 1 of this act, "aircraft" has the same meaning as provided in section 15-34 of the general statutes, as amended by this act, and "motor vehicle" means a passenger or commercial motor vehicle or a motorcycle, as defined in section 14-1 of the general statutes, and includes construction equipment, agricultural tractors and farm implements.
(b) Reckless endangerment with an unmanned aerial vehicle in the second degree is a class B misdemeanor.
Sec. 4. Subdivision (5) of section 15-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(5) "Aircraft" means any contrivance used or designed for navigation of or flight in air, including (A) airplanes, meaning power-driven fixed-wing aircraft, heavier than air, supported by the dynamic reaction of the air against their wings, (B) gliders, meaning heavier than air aircraft, the free flight of which does not depend principally upon a power-generating unit, and (C) rotorcraft, meaning power-driven aircraft, heavier than air, supported during flight by one or more rotors. "Aircraft" does not include an unmanned aerial vehicle, as defined in section 1 of this act.
Sec. 5. Subsection (a) of section 53a-189a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) A person is guilty of voyeurism when, (1) with malice, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (3) with the intent to arouse or satisfy the sexual desire of such person, commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or cursory manner, another person (A) without the knowledge or consent of such other person, (B) while such other person is inside a dwelling, as defined in section 53a-100, and not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, or (4) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the genitals, pubic area or buttocks of another person or the undergarments or stockings that clothe the genitals, pubic area or buttocks of another person (A) without the knowledge and consent of such other person, and (B) while such genitals, pubic area, buttocks, undergarments or stockings are not in plain view. For purposes of this subsection, "not in plain view" includes a view not otherwise obtainable that is made possible through the use of (i) technology that is electronic, as defined in section 1-331, or (ii) an unmanned aerial vehicle, as defined in section 1 of this act.
Sec. 6. Subdivision (8) of subsection (a) of section 54-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(8) "Offense committed with a deadly weapon" or "offense" means: (A) A violation of subsection (c) of section 2-1e, subsection (e) of section 29-28, subsections (a) to (e), inclusive, or (i) of section 29-33, section 29-34, subsection (a) of section 29-35, section 29-36, 29-36k, 29-37a or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection (b), (c) or (g) of section 53-202, section 53-202b, 53-202c, 53-202j, 53-202k, 53-202l, 53-202aa or 53-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217b or 53a-217c or section 1 of this act, or a second or subsequent violation of section 53-202g; or (B) a violation of any section of the general statutes which constitutes a felony, as defined in section 53a-25, provided the court makes a finding that, at the time of the offense, the offender used a deadly weapon, or was armed with and threatened the use of or displayed or represented by words or conduct that the offender possessed a deadly weapon;
Sec. 7. (NEW) (Effective October 1, 2017) (a) For the purposes of this section:
(1) "Unmanned aerial vehicle" means unmanned aerial vehicle, as defined in section 1 of this act;
(2) "Law enforcement officer" means law enforcement officer, as defined in section 1 of this act; and
(3) "Law enforcement agency" means the special police appointed under section 29-18 of the general statutes, the Division of State Police within the Department of Emergency Services and Public Protection, the special police forces established pursuant to section 10a-156b of the general statutes, or any municipal police department.
(b) (1) No law enforcement officer shall operate an unmanned aerial vehicle, except under one or more of the following circumstances:
(A) A judge of the Superior Court or judge trial referee has issued a warrant in accordance with section 54-33a of the general statutes authorizing the use of an unmanned aerial vehicle;
(B) The individual who will be the subject of the information collected by the operation of an unmanned aerial vehicle has given advance written consent to such operation;
(C) The owner of the property that will be the subject of the information collected by the operation of an unmanned aerial vehicle has given advance written consent to such operation;
(D) The law enforcement officer has probable cause to believe that a criminal offense has been, is being or will be committed and exigent circumstances exist that make it unreasonable for the law enforcement officer to obtain a warrant authorizing the use of an unmanned aerial vehicle;
(E) The operation is pursuant to training activities conducted by the law enforcement officer while on property owned or leased by the United States, this state or a municipality and does not occur in an area that is substantially populated; or
(F) The operation is used to reconstruct or document a specific crime or accident scene.
(2) The provisions of this subsection do not apply to (A) any property owned or leased by the federal or state or a municipal government, including, but not limited to, a public park, sidewalk or street, or (B) an individual on such property described in subparagraph (A) of this subdivision.
(c) An individual or privately owned property shall be considered to be the subject of information collected by the operation of an unmanned aerial vehicle if the information allows the identity of the individual or the privately owned property to be ascertained or if the law enforcement officer operating the unmanned aerial vehicle acknowledges that such individual or such property was the subject of the information.
(d) Information that was collected through the operation of an unmanned aerial vehicle that concerns an individual or privately owned property that was the subject of a warrant may be retained pursuant to the warrant.
(e) Information that was collected through the operation of an unmanned aerial vehicle pursuant to advance written consent under subparagraph (B) or (C) of subdivision (1) of subsection (b) of this section may be retained pursuant to the terms specified in such advance written consent.
(f) (1) Information that was collected through the operation of an unmanned aerial vehicle pursuant to subparagraph (D), (E) or (F) of subdivision (1) of subsection (b) of this section that concerns an individual or privately owned property shall be reviewed by the law enforcement agency that collected the information not later than ninety days from the date of collection. The collected information shall be destroyed or modified pursuant to subdivision (2) of this subsection or retained pursuant to subdivision (3) of this subsection.
(2) If such information allows the identity of an individual or privately owned property to be ascertained and there is no probable cause to believe that an offense was committed by the individual or on the property, such law enforcement agency (A) shall destroy such information not later than forty-eight hours after such review, or (B) shall permanently modify such information so that the identity of such individual or such property cannot be ascertained, and, after such modification, may retain the modified information for a period of not more than five years from the date of collection and, after such retention, shall destroy the modified information.
(3) If such information allows the identity of an individual or privately owned property to be ascertained and there is probable cause to believe that an offense was committed by the individual or on the property, such law enforcement agency may retain such information for a period of not more than five years from the date of collection and, after such retention, shall destroy such information, except that, if a warrant is issued in accordance with section 54-33a of the general statutes based in part on such information, such information may be retained pursuant to the warrant.
(4) No information that was retained in violation of subdivision (2) or (3) of this subsection shall be admitted into evidence or otherwise considered by any court or agency, body or committee of this state or any municipality.
(g) (1) Not later than January 1, 2018, the Police Officer Standards and Training Council shall develop and promulgate a model policy that provides guidelines on the operation of an unmanned aerial vehicle by a law enforcement officer, including a weaponized unmanned aerial vehicle, and the destruction, modification and retention of information collected by such operation. Upon completion of such model policy, the council shall report such policy, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.
(2) Each law enforcement agency that possesses for operation an unmanned aerial vehicle or authorizes a law enforcement officer to operate an unmanned aerial vehicle shall adopt and maintain a written policy that meets or exceeds the model policy developed by the Police Officer Standards and Training Council pursuant to subdivision (1) of this subsection and that includes a process for categorizing the types of such operations, before taking possession of such unmanned aerial vehicle or not later than thirty days after a law enforcement officer operates an unmanned aerial vehicle.
(h) Not later than January thirty-first of each year, each law enforcement agency that operated an unmanned aerial vehicle in the preceding calendar year shall prepare a report that includes, but need not be limited to: (1) The number of times the law enforcement agency operated an unmanned aerial vehicle in the preceding calendar year, (2) the type of such operation as categorized in the policy adopted pursuant to subdivision (2) of subsection (g) of this section, (3) whether the unmanned aerial vehicle was operated pursuant to a warrant, and (4) the number of times the type of information collected through the operation of an unmanned aerial vehicle provided reasonable and articulable suspicion that a criminal offense was being committed. The law enforcement agency shall make such report available on the law enforcement agency's Internet web site or the Internet web site of the municipality served by the law enforcement agency.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2017 |
New section |
Sec. 2 |
October 1, 2017 |
New section |
Sec. 3 |
October 1, 2017 |
New section |
Sec. 4 |
October 1, 2017 |
15-34(5) |
Sec. 5 |
October 1, 2017 |
53a-189a(a) |
Sec. 6 |
October 1, 2017 |
54-280(a)(8) |
Sec. 7 |
October 1, 2017 |
New section |
Statement of Legislative Commissioners:
In Section 1(b), a reference to Section 7 was deleted for accuracy; in Section 1(c), a subsection reference was amended; in Section 7, the proviso in Subsec. (b)(1)(B) was rewritten as Subsec. (b)(2) for accuracy and clarity; the Subdivs. of Subsec. (b) were redesignated as Subparas. with corresponding changes to internal references; and in Section 7(g), the language regarding categorization was added to conform with the language in Subsec. (h).
JUD |
Joint Favorable Subst. |