NY State Senate Bill 2019-S5944A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jun 11, 2019	print number 5944a
Jun 11, 2019	amend and recommit to codes
May 16, 2019	referred to codes

Bill Amendments

Original

A (Active)

2019-S5944 - Details

See Assembly Version of this Bill:: A1881
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.00, add §240.80, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8377
2021-2022: S3235, A4962
2023-2024: S4823, A4256

2019-S5944 - Summary

Relates to the unlawful use of an unmanned aircraft.

2019-S5944 - Sponsor Memo

                                
 
BILL NUMBER: S5944

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the penal law, in relation to the
unlawful use or operation of an unmanned aircraft

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill will regulate the reckless operation or use of unmanned
aircrafts.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 240.00 of the penal law as
relates to the definition of an unmanned aircraft.

Section two of the bill amends the penal law by adding a new section
240.80 as it relates to creating the crime of unlawful use of an
unmanned aircraft. A person would be guilty of unlawful use of an
unmanned aircraft if during the personal use of the aircraft they inten-
tionally violate federal rules or regulations or use it in a manner

where the operation of the unmanned aircraft creates an unreasonable
risk of harm or danger to any person. The unlawful use or operation of
an unmanned aircraft is a violation.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

This bill would provide reasonable regulations for the personal use of
unmanned aircrafts. Although commercial operations are regulated, the
FAA does not govern recreational or personal unmanned aircraft use;
therefore leaving it wholly unregulated and susceptible to reckless use
by civilians. There have been many incidents where unmanned aircrafts
were flown over crowds of people or near busy roadways; creating
substantial risk to the public. This will provide law enforcement with
the ability to enforce reckless use of these devices. The bill would
ensure safe and proper use of unmanned aircrafts by establishing reason-
able restrictions that protect the public.

 
LEGISLATIVE HISTORY:

A.8377-A of 2017-18

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January succeeding the date
on which it shall have become a law.

2019-S5944 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5944
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 the unlawful use or opera-
   tion of an unmanned aircraft
 
   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 a new
 subdivision 8 to read as follows:
   8. "UNMANNED AIRCRAFT" MEANS A DEVICE USED FOR FLIGHT IN THE AIR WHICH
 IS OPERATED REMOTELY WITHOUT THE  POSSIBILITY  OF  DIRECT  HUMAN  INTER-
 VENTION FROM WITHIN OR ON THE AIRCRAFT.
   §  2.  The penal law is amended by adding a new section 240.80 to read
 as follows:
 § 240.80 UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT.
   A PERSON IS GUILTY  OF  UNLAWFUL  USE  OR  OPERATION  OF  AN  UNMANNED
 AIRCRAFT  WHEN  DURING  THE  PERSONAL USE OR OPERATION OF SUCH AIRCRAFT,
 EXCEPT AS OTHERWISE PROVIDED BY FEDERAL LAW,  HE  OR  SHE  INTENTIONALLY
 OPERATES AN UNMANNED AIRCRAFT:
   1.  IN  VIOLATION  OF FEDERAL LAWS OR REGULATIONS OF THE UNITED STATES
 DEPARTMENT OF TRANSPORTATION AND  THE  FEDERAL  AVIATION  ADMINISTRATION
 (FAA) OR SUCCESSORS THEREOF; OR
   2.  IN  A  MANNER  THAT SUCH OPERATION CREATES AN UNREASONABLE RISK OF
 HARM OR DANGER TO ANY PERSON OR PERSONS.
   UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT IS A VIOLATION.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06149-03-9

2019-S5944A (ACTIVE) - Details

See Assembly Version of this Bill:: A1881
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.00, add §240.80, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8377
2021-2022: S3235, A4962
2023-2024: S4823, A4256

2019-S5944A (ACTIVE) - Summary

Relates to the unlawful use of an unmanned aircraft.

2019-S5944A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5944A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the penal law, in relation to the unlawful use or opera-
tion of an unmanned aircraft

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill will regulate the reckless operation or use of unmanned
aircrafts.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 240.00 of the penal law as
relates to the definition of an unmanned aircraft.

Section two of the bill amends the penal law by adding a new section
240.80 as it relates to creating the crime of unlawful use of an
unmanned aircraft. A person would be guilty of unlawful use of an

unmanned aircraft if during the personal use of the aircraft they inten-
tionally violate federal rules or regulations or use it in a reckless
manner so as to endanger the life or safety of another person or proper-
ty of a person. The unlawful use or operation of an unmanned aircraft is
a violation.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

This bill would provide reasonable regulations for the personal use of
unmanned aircrafts. Although commercial operations are regulated, the
FAA does not govern recreational or personal unmanned aircraft use;
therefore leaving it wholly unregulated and susceptible to reckless use
by civilians. There have been many incidents where unmanned aircrafts
were flown over crowds of people or near busy roadways; creating
substantial risk to the public. This will provide law enforcement with
the ability to enforce reckless use of these devices. The bill would
ensure safe and proper use of unmanned aircrafts by establishing reason-
able restrictions that protect the public.

 
LEGISLATIVE HISTORY:

A.8377-A of 2017-18

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January succeeding the date
on which it shall have become a law.

2019-S5944A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5944--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation to the unlawful use or opera-
   tion of an unmanned aircraft

   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 a  new
 subdivision 8 to read as follows:
   8. "UNMANNED AIRCRAFT" MEANS A DEVICE USED FOR FLIGHT IN THE AIR WHICH
 IS  OPERATED  REMOTELY  WITHOUT  THE  POSSIBILITY OF DIRECT HUMAN INTER-
 VENTION FROM WITHIN OR ON THE AIRCRAFT.
   § 2. The penal law is amended by adding a new section 240.80  to  read
 as follows:
 § 240.80 UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT.
   A  PERSON  IS  GUILTY  OF  UNLAWFUL  USE  OR  OPERATION OF AN UNMANNED
 AIRCRAFT WHEN DURING THE PERSONAL USE OR  OPERATION  OF  SUCH  AIRCRAFT,
 EXCEPT  AS  OTHERWISE  PROVIDED  BY FEDERAL LAW, HE OR SHE INTENTIONALLY
 OPERATES AN UNMANNED AIRCRAFT:
   1. IN VIOLATION OF FEDERAL LAWS OR REGULATIONS OF  THE  UNITED  STATES
 DEPARTMENT  OF  TRANSPORTATION  AND  THE FEDERAL AVIATION ADMINISTRATION
 (FAA) OR SUCCESSORS THEREOF; OR
   2. IN A RECKLESS MANNER SO AS TO ENDANGER THE LIFE OR SAFETY OF ANOTH-
 ER PERSON OR PROPERTY OF A PERSON.
   UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT IS A VIOLATION.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06149-05-9

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Senate Bill S5944A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2019-S5944 - Details

2019-S5944 - Summary

2019-S5944 - Sponsor Memo

2019-S5944 - Bill Text download pdf

2019-S5944A (ACTIVE) - Details

2019-S5944A (ACTIVE) - Summary

2019-S5944A (ACTIVE) - Sponsor Memo

2019-S5944A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5944A

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2019-S5944 - Details

2019-S5944 - Summary

2019-S5944 - Sponsor Memo

2019-S5944 - Bill Text download pdf

2019-S5944A (ACTIVE) - Details

2019-S5944A (ACTIVE) - Summary

2019-S5944A (ACTIVE) - Sponsor Memo

2019-S5944A (ACTIVE) - Bill Text download pdf

Comments