Bill Text: NJ S2942 | 2018-2019 | Regular Session | Introduced
Bill Title: Clarifies that using unmanned aircraft system to obstruct crime scene is fourth degree crime.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-09-17 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2942 Detail]
Download: New_Jersey-2018-S2942-Introduced.html
Sponsored by:
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
SYNOPSIS
Clarifies that using unmanned aircraft system to obstruct crime scene is fourth degree crime.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning crimes committed with unmanned aircraft systems and amending P.L.2017, c.315.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2017, c.315 (C.2C:40-28) is amended to read as follows:
2. a. A person commits a disorderly persons offense if [he] the person knowingly or intentionally operates as defined in section 1 of P.L.2017, c.315 (C.2C:40-27) an unmanned aircraft system as defined in section 1 of P.L.2017, c.315 (C.2C:40-27) in a manner that endangers the life or property of another. In making this determination, the court shall consider the standards for safe operation of small unmanned aircraft systems prescribed by federal law or regulation.
b. (1) A person commits a crime of the fourth degree if [he] the person knowingly or intentionally creates or maintains a condition which endangers the safety or security of a correctional facility by operating an unmanned aircraft system on the premises of or in close proximity to that facility without license or privilege to do so.
(2) A person commits a crime of the third degree if [he] the person knowingly operates an unmanned aircraft system to conduct surveillance of, or gather information about, a correctional facility without license or privilege to do so.
For purposes of this subsection, "correctional facility" means a jail, prison, lockup, penitentiary, reformatory, training school, or other similar facility within the State of New Jersey.
c. A person commits a crime of the fourth degree if [he] the person knowingly or intentionally operates an unmanned aircraft system in a manner that interferes with a first responder who is actively engaged in response or actively engaged in air, water, vehicular, ground, or specialized transport.
For purposes of this subsection, "first responder" means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of [his] employment, is dispatched to the scene of a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance.
d. A person commits a disorderly persons offense if [he] the person knowingly operates an unmanned aircraft system or uses an unmanned aircraft system to take or assist in the taking of wildlife.
e. A person commits a disorderly persons offense if [he] the person operates an unmanned aircraft system while under the influence of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug or with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood.
f. It shall be a violation of any restraining order issued by the court pursuant to section 2 of P.L.1999, c.47 (C.2C:12-10.2), section 3 or 4 of P.L.2015, c.147 (C.2C:14-15 or C.2C:14-16), section 12 of P.L.1991, c.261 (C.2C:25-28), section 4 of P.L.1999, c.334 (C.2C:35-5.7), or any other court order restraining contact with a person or location, for a person subject to that order to knowingly operate an unmanned aircraft system to fly within a distance of a person or location that would violate that restraining order.
g. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law to the contrary, a conviction under this section shall not merge with a conviction of harassment pursuant to N.J.S.2C:33-4, stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10), invasion of privacy pursuant to section 1 of P.L.2003, c.206 (C.2C:14-9), obstructing administration of law or other governmental function pursuant to N.J.S.2C:29-1, introducing contraband pursuant to N.J.S.2C:29-6, contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 which constitutes a crime or disorderly persons offense, or any other criminal offense, even if any other conviction involves the use of an unmanned aircraft system, nor shall the other conviction merge with a conviction under this section.
h. A person who operates an unmanned aircraft system to knowingly conduct surveillance of, or gather information about, a crime scene in a manner that obstructs the detection or investigation of a crime in violation of N.J.S.2C:29-1, endangers the safety of a law enforcement officer or other person, or violates the Crime Victim's Bill of Rights established pursuant to P.L.1985, c.249 (C.52:4B-34 et seq.), commits a crime of the fourth degree.
(cf: P.L.2017, c.315, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill establishes as a fourth degree crime the use of an unmanned aircraft system, also known as a drone, to interfere with a crime scene. Specifically, it would be a crime of the fourth degree to operate an unmanned aircraft system to interfere with a crime scene in a manner that obstructs the detection or investigation of the crime, endangers the safety of a law enforcement officer or other person, or violates the Crime Victim's Bill of Rights.
Under N.J.S.2C:29-1, it is an offense to purposely obstruct the administration of law or prevent a public servant from lawfully performing an official function. A violation of N.J.S.2C:29-1 is a crime of the fourth degree if the actor obstructs the detection, investigation, or prosecution of a crime. This bill clarifies that it is a fourth degree crime to use an unmanned aircraft system to conduct surveillance of, or gather information about, a crime scene. In addition, it would be a fourth degree crime to use an unmanned aircraft system to interfere with a crime scene in a manner that endangers the safety of a law enforcement officer or other person, or violates the Crime Victim's Bill of Rights established pursuant to P.L.1985, c.249 (C.52:4B-34 et seq.).
A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.
