NY State Senate Bill 2023-S4823

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Feb 15, 2023	referred to codes

2023-S4823 (ACTIVE) - Details

See Assembly Version of this Bill:: A4256
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
2019-2020: S5944, A1881
2021-2022: S3235, A4962

2023-S4823 (ACTIVE) - Summary

Relates to the unlawful use of an unmanned aircraft; defines unmanned aircraft as a device used for flight in the air which is operated remotely without the possibility of direct human intervention from within or on the aircraft.

2023-S4823 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4823

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:

2021-22 REFERRED TO SENATE CODES

2021-22 passed assembly

2019-20 REFERRED TO SENATE CODES

2019-20 assembly third reading

 
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.

2023-S4823 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4823
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 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 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.
                                                            LBD09183-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4823

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2023-S4823 (ACTIVE) - Details

2023-S4823 (ACTIVE) - Summary

2023-S4823 (ACTIVE) - Sponsor Memo

2023-S4823 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4823

Share this bill

Sponsored By

James Sanders Jr.

Current Bill Status - In Senate Committee Codes Committee

2023-S4823 (ACTIVE) - Details

2023-S4823 (ACTIVE) - Summary

2023-S4823 (ACTIVE) - Sponsor Memo

2023-S4823 (ACTIVE) - Bill Text download pdf

Comments