Bill Text: NY A03597 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 3597 (Prior Session Legislation)

Bill Title: Criminalizes the unlawful use of an unmanned aircraft.

Spectrum: Moderate Partisan Bill (Democrat 23-7)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A03597 Detail]

Download: New_York-2015-A03597-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3597--B
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by  M.  of  A. ZEBROWSKI, GOTTFRIED, JAFFEE, TITONE, MARKEY,
         SIMOTAS,  STECK,  STIRPE,  DINOWITZ,  MOSLEY,  MONTESANO,   McDONOUGH,
         GUNTHER, CROUCH, COLTON, PEOPLES-STOKES, GALEF, LINARES -- Multi-Spon-
         sored  by  --  M.  of  A. ABBATE, BRAUNSTEIN, COOK, DenDEKKER, DUPREY,
         GLICK, HIKIND, LOPEZ, McLAUGHLIN, ROBINSON, SALADINO,  SIMON  --  read
         once  and  referred to the Committee on Codes -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee  --  again  reported  from  said  committee with amendments,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the penal law, in relation to unlawful use of a drone
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 240.00 of the penal law is amended by adding three
    2  new subdivisions 7, 8 and 9 to read as follows:
    3    7. "DRONE" MEANS AN UNMANNED AIRCRAFT WHICH IS OPERATED REMOTELY WITH-
    4  OUT THE POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR  ON  THE
    5  AIRCRAFT.
    6    8.  "RESTRICTED  AIRSPACE"  MEANS  ANY AIRSPACE OVER THE PROPERTY OF A
    7  CORRECTIONAL FACILITY AS DEFINED IN SECTION FORTY OF THE CORRECTION  LAW
    8  OR AIRSPACE WITHIN FIVE MILES OF AN AIRPORT.
    9    9.  "PERSONAL  USE"  MEANS  THE  OPERATION  OF  A DRONE SOLELY FOR THE
   10  PURPOSE OF PLEASURE OR RECREATION.
   11    S 2. The penal law is amended by adding a new section 240.80  to  read
   12  as follows:
   13  S 240.80 UNLAWFUL USE OF A DRONE.
   14    A PERSON IS GUILTY OF UNLAWFUL USE OF A DRONE WHEN DURING THE PERSONAL
   15  USE  OF  SUCH  DRONE, EXCEPT AS OTHERWISE PROVIDED BY FEDERAL LAW, HE OR
   16  SHE KNOWINGLY OPERATES A DRONE:
   17    1. MORE THAN FOUR HUNDRED FEET ABOVE GROUND LEVEL; OR
   18    2. WEIGHING MORE THAN TEN POUNDS; OR
   19    3. WITHOUT A VISUAL LINE OF SIGHT OF SUCH AIRCRAFT; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02681-05-5
       A. 3597--B                          2
    1    4. WITHIN A RESTRICTED AIRSPACE; OR
    2    5.  IN A RECKLESS MANNER WHEREIN SUCH OPERATION CREATES A RISK OF HARM
    3  TO THE PUBLIC; OR
    4    6. WITH THE INTENT TO HARASS OR ANNOY AN INDIVIDUAL OR INDIVIDUALS; OR
    5    7. BELOW ONE HUNDRED FEET ABOVE GROUND LEVEL ON PRIVATE PROPERTY WITH-
    6  OUT THE OWNER'S CONSENT.
    7    UNLAWFUL USE OF A DRONE IS A VIOLATION.
    8    S 3. This act shall take effect on the first of November next succeed-
    9  ing the date upon which it shall have become a law.