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Assembly Bill A4962

2021-2022 Legislative Session

Relates to the unlawful use of an unmanned aircraft

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-A4962 (ACTIVE) - Details

See Senate Version of this Bill:
S3235
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: A1881, S5944
2023-2024: A4256, S4823
2025-2026: S6305

2021-A4962 (ACTIVE) - Summary

Relates to the unlawful use of an unmanned aircraft; unmanned aircraft is defined 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.

2021-A4962 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4962
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred 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.
                                                            LBD05603-01-1

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