Senate Bill S1979

2017-2018 Legislative Session

Criminalizes the unlawful use of an unmanned aircraft

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S1979 (ACTIVE) - Details

See Assembly Version of this Bill:
A1670
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.00, add §240.80, Pen L
Versions Introduced in 2015-2016 Legislative Session:
S6306, A3597

2017-S1979 (ACTIVE) - Summary

Criminalizes the unlawful use of an unmanned aircraft.

2017-S1979 (ACTIVE) - Sponsor Memo

2017-S1979 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1979
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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:

   Section  1. Section 240.00 of the penal law is amended by adding three
 new subdivisions 7, 8 and 9 to read as follows:
   7. "DRONE" MEANS AN UNMANNED AIRCRAFT WHICH IS OPERATED REMOTELY WITH-
 OUT THE POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR  ON  THE
 AIRCRAFT.
   8.  "RESTRICTED  AIRSPACE"  MEANS  ANY AIRSPACE OVER THE PROPERTY OF A
 CORRECTIONAL FACILITY AS DEFINED IN SECTION FORTY OF THE CORRECTION  LAW
 OR AIRSPACE WITHIN FIVE MILES OF AN AIRPORT.
   9.  "PERSONAL  USE"  MEANS  THE  OPERATION  OF  A DRONE SOLELY FOR THE
 PURPOSE OF PLEASURE OR RECREATION.
   § 2. The penal law is amended by adding a new section 240.80  to  read
 as follows:
 § 240.80 UNLAWFUL USE OF A DRONE.
   A PERSON IS GUILTY OF UNLAWFUL USE OF A DRONE WHEN DURING THE PERSONAL
 USE  OF  SUCH  DRONE, EXCEPT AS OTHERWISE PROVIDED BY FEDERAL LAW, HE OR
 SHE KNOWINGLY OPERATES A DRONE:
   1. MORE THAN FOUR HUNDRED FEET ABOVE GROUND LEVEL; OR
   2. WEIGHING MORE THAN TEN POUNDS; OR
   3. WITHOUT A VISUAL LINE OF SIGHT OF SUCH AIRCRAFT; OR
   4. WITHIN A RESTRICTED AIRSPACE; OR
   5. IN A RECKLESS MANNER WHEREIN SUCH OPERATION CREATES A RISK OF  HARM
 TO THE PUBLIC; OR
   6. WITH THE INTENT TO HARASS OR ANNOY AN INDIVIDUAL OR INDIVIDUALS; OR
   7. BELOW ONE HUNDRED FEET ABOVE GROUND LEVEL ON PRIVATE PROPERTY WITH-
 OUT THE OWNER'S CONSENT.
   UNLAWFUL USE OF A DRONE IS A VIOLATION.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.

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