Bill Text: MI HB5494 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Aeronautics; unmanned aerial systems; criminal responsibility for use of unmanned aerial vehicle; define as an extension of the person. Amends 2016 PA 436 (MCL 259.301 - 259.331) by adding sec. 20.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - Assigned Pa 444'18 With Immediate Effect [HB5494 Detail]
Download: Michigan-2017-HB5494-Chaptered.html
Act No. 444
Public Acts of 2018
Approved by the Governor
December 20, 2018
Filed with the Secretary of State
December 21, 2018
EFFECTIVE DATE: March 21, 2019
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Hoitenga, Lower, Hauck, Barrett, Alexander, Allor, Bellino, Brann, Calley, Cambensy, Chirkun, Crawford, Dianda, Elder, Frederick, Gay-Dagnogo, Glenn, Green, Greimel, Griffin, Hornberger, LaFave, LaSata, Lasinski, Leutheuser, Marino, Neeley, Phelps, Rendon, Runestad, Sheppard, Sneller, Theis, VanderWall, Victory, Wentworth, Yancey and Yaroch
ENROLLED HOUSE BILL No. 5494
AN ACT to amend 2016 PA 436, entitled “An act to provide for the operation and regulation of unmanned aircraft systems in this state; to create the unmanned aircraft systems task force; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit conduct related to the operation of unmanned aircraft systems and prescribe penalties,” (MCL 259.301 to 259.331) by adding section 20.
The People of the State of Michigan enact:
Sec. 20. (1) A person is guilty of an offense committed with the aid of an unmanned aircraft system if the unmanned aircraft system is under the person’s control and the activity performed with the aid of the unmanned aircraft system would have given rise to criminal liability under the penal law of this state if it was performed directly by the person without the aid of an unmanned aircraft system.
(2) Notwithstanding subsection (1), and except as provided in sections 21 and 22 and section 45a(1) of the Michigan penal code, 1931 PA 328, MCL 750.45a, solely flying an unmanned aircraft system through navigable airspace in accordance with federal law does not give rise to criminal liability under the penal law of this state.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5495 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
