Bill Text: MS HB1370 | 2024 | Regular Session | Engrossed
Bill Title: Trespass; clarify elements of.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Failed) 2024-04-02 - Died In Committee [HB1370 Detail]
Download: Mississippi-2024-HB1370-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A
By: Representatives McMillan, Boyd (19th), Estrada, Ford (73rd), Hawkins, Holloway (76th), Mansell, Smith, Varner, Zuber
House Bill 1370
(As Passed the House)
AN ACT TO AMEND SECTIONS 97-17-85, 97-17-87, 97-17-93, 97-17-97 AND 97-47-5, MISSISSIPPI CODE OF 1972, TO INCLUDE UNMANNED OR UNCREWED AIRCRAFT TO THE ELEMENTS OF TRESPASS; TO BRING FORWARD SECTION 97-47-5, MISSISSIPPI CODE OF 1972, WHICH REGULATES SUCH AIRCRAFT OVER DEPARTMENT OF CORRECTIONS FACILITIES; TO AMEND SECTION 61-21-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THIS ACT; TO BRING FORWARD SECTION 61-21-7, MISSISSIPPI CODE OF 1972, WHICH REGULATES LIABILITY FOR UNCREWED AIRCRAFT, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 61-21-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-17-85, Mississippi Code of 1972, is amended as follows:
97-17-85. Except as otherwise provided in Section 73-13-103 and Section 11-17-39, if any person shall go upon the enclosed land of another without his or her consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for such offense. The provisions of this section shall apply to land not enclosed where the stock law is in force. For purposes of this section, the term "go upon the enclosed land" shall include the operation of an unmanned or uncrewed aircraft system in the air space of the enclosed land of another without his or her consent with the intent to conduct surveillance of the property or of any individual lawfully on the property.
SECTION 2. Section 97-17-87, Mississippi Code of 1972, is amended as follows:
97-17-87. (1) Any person who shall be guilty of a willful or malicious trespass upon the real or personal property of another, for which no other penalty is prescribed, shall, upon conviction, be fined not exceeding Five Hundred Dollars ($500.00), or imprisoned not longer than six (6) months in the county jail, or both.
(2) (a) Any person who shall willfully trespass upon any air operations area or sterile area of an airport serving the general public shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for up to one (1) year, or both.
(b) For the purposes of this subsection (2), "air operations area" means a portion of an airport designed and used for landing, taking off, or surface maneuvering of airplanes; "sterile area" means an area to which access is controlled by the inspection of persons and property in accordance with an approved security program.
SECTION 3. Section 97-17-93, Mississippi Code of 1972, is amended as follows:
97-17-93. (1) (a) Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of Two Hundred Fifty Dollars ($250.00). Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment. This section shall not apply to the landowner's or lessee's family, guests, or agents, to a surveyor as provided in Section 73-13-103, persons who enter the land of another for the purpose of emergency and maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure, including broadband infrastructure, or to persons entering upon such lands for lawful business purposes.
(b) For purposes of this subsection, the phrase "enters the lands of another" shall include the operation of an unmanned or uncrewed aircraft system in the airspace over the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, with the intent to conduct surveillance of the property or of any individual lawfully on the property or area.
(2) (a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.
(b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.
(3) The provisions of this section are supplementary to the provisions of any other statute of this state.
(4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.
SECTION 4. Section 97-17-97, Mississippi Code of 1972, is amended as follows:
97-17-97. (1) (a) Except as otherwise provided in Section 73-13-103 and Section 11-27-39, if any person or persons shall without authority of law go into or upon or remain in or upon any building, premises or land of another, including the premises of any public housing authority after having been banned from returning to the premises of the housing authority, whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing including any sign hereinafter mentioned, by any owner, or lessee, or custodian, or other authorized person, or by the administrators of a public housing authority regardless of whether or not having been invited onto the premises of the housing authority by a tenant, or after having been forbidden to do so by such sign or signs posted on, or in such building, premises or land, or part, or portion, or area thereof, at a place or places where such sign or signs may be reasonably seen, such person or persons shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
(b) For purposes of this section, the phrase "go into or upon or remain in or upon" shall include the operation of an unmanned or uncrewed aircraft system in the air space over any building, premises or land of another with the intent to conduct surveillance of the property or of any individual lawfully on the property or area.
(2) The provisions of this section are supplementary to the provisions of any other statute of this state.
SECTION 5. Section 97-47-5, Mississippi Code of 1972, is brought forward as follows:
97-47-5. A person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly:
(a) Uses an unmanned aircraft system to conduct surveillance of, collect information or data, or photographically or electronically record a critical infrastructure or correctional facility without the prior written consent of the owner, or the owner's designee, of the critical infrastructure or correctional facility; or
(b) Delivers or attempts to deliver contraband using an unmanned aircraft system on a correctional facility property or adjacent property for the purpose of introducing contraband into a correctional facility.
SECTION 6. Section 61-21-5, Mississippi Code of 1972, is amended as follows:
61-21-5. (1) An individual, in compliance with federal law, may operate an uncrewed aircraft system for recreational purposes within this state if such operation does not otherwise violate state law.
(2) An individual or business entity, doing business lawfully within this state and in compliance with federal law, may operate or use an uncrewed aircraft system for commercial purposes within this state.
(3) An owner of an uncrewed aircraft or uncrewed aircraft system shall not be required to register such aircraft or system beyond what may be required by federal law and regulations.
SECTION 7. Section 61-21-7, Mississippi Code of 1972, is brought forward as follows:
61-21-7. (1) A person is liable for an act or guilty of an offense committed with the aid of an uncrewed aircraft system if the uncrewed aircraft system is under the person's operation or control and the activity performed with the aid of the uncrewed aircraft system would have given rise to civil or criminal liability under the laws of this state, if it was performed directly by the person without the aid of an uncrewed aircraft system.
(2) An uncrewed aircraft can be the instrumentality by which a tort in violation of privacy rights may be committed under federal or state law.
SECTION 8. Section 61-21-9, Mississippi Code of 1972, is amended as follows:
61-21-9. Regulatory authority. (1) The state, through a duly adopted and enforceable agency-issued rule or regulation or other grant of authority, may:
(a) Provide for the operation of an uncrewed aircraft system by or on behalf of the state or that is owned by the state; and
(b) Provide for or prohibit:
(i) The launch of an uncrewed aircraft from property owned by the state;
(ii) The intentional landing of an uncrewed aircraft onto property owned by the state; or
(iii) The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the state.
(2) (a) Except as otherwise expressly provided in this section, a political subdivision may not enact or enforce an ordinance that relates to the:
(i) Ownership, operation, design, manufacture, testing, maintenance, licensing, registration, or certification of an uncrewed aircraft system, including, but not limited to, airspace, altitude, flight paths, or equipment requirements; or
(ii) Qualifications, training, or certification of a pilot, operator, or observer of an uncrewed aircraft system.
(b) This subsection does not limit the authority of a political subdivision to:
(i) Adopt an ordinance that enforces Federal Aviation Administration restrictions;
(ii) Adopt or enforce an ordinance that relates to the operation of an uncrewed aircraft system:
1. By or on behalf of such political subdivision; or
2. That is owned by such political subdivision;
(iii) Adopt or enforce generally applicable ordinances that relate to nuisances, voyeurism, harassment, trespass, reckless endangerment, property damage, or other illegal acts arising from the use of uncrewed aircraft systems, so long as such ordinances are not specifically related to the use of an uncrewed aircraft system for those illegal acts; or
(iv) Adopt or enforce an ordinance that regulates:
1. The launch of an uncrewed aircraft from property owned by the political subdivision;
2. The intentional landing of an uncrewed aircraft onto property owned by the political subdivision; or
3. The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the political subdivision.
(3) Nothing in this section shall be construed to prohibit:
(a) The take-off, operation or landing of an uncrewed aircraft as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure, including broadband infrastructure;
(b) The landing of an uncrewed aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an uncrewed aircraft system;
(c) The take-off or landing of an uncrewed aircraft being operated by a sworn public safety officer in the performance of his duties; or
(d) The take-off or landing of an uncrewed aircraft owned or operated by the United States government, or any operator under contract with any agency of the United States government, in performance of his assigned duties.
SECTION 9. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
