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Senate Bill S6306

2015-2016 Legislative Session

Criminalizes the unlawful use of an unmanned aircraft

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-S6306 (ACTIVE) - Details

See Assembly Version of this Bill:
A3597
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.00, add §240.80, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S1979, A1670

2015-S6306 (ACTIVE) - Summary

Criminalizes the unlawful use of an unmanned aircraft.

2015-S6306 (ACTIVE) - Sponsor Memo

2015-S6306 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6306

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

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.
  S 2. The penal law is amended by adding a new section 240.80  to  read
as follows:
S 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.
  S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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