S T A T E O F N E W Y O R K
________________________________________________________________________
5073
2021-2022 Regular Sessions
I N A S S E M B L Y
February 10, 2021
___________
Introduced by M. of A. ABINANTI, GALEF, GOTTFRIED, MONTESANO, DILAN,
JONES -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to civilian drone use
near a correctional facility
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 626
to read as follows:
§ 626. DRONE USE AROUND CORRECTIONAL FACILITIES. 1. NO PERSON, IN A
PRIVATE CAPACITY, SHALL OPERATE A DRONE WITHIN ONE THOUSAND FEET OF A
CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY IN THIS STATE.
2. AS USED IN THIS SECTION:
"DRONE" MEANS A POWERED OR UNPOWERED AERIAL VEHICLE OR A BALLOON FLOAT
OR OTHER DEVICE THAT:
(A) DOES NOT CARRY A HUMAN OPERATOR;
(B) USES AERODYNAMIC FORCES OR GASES TO PROVIDE LIFT;
(C) CAN FLY AUTONOMOUSLY OR BE PILOTED REMOTELY;
(D) CAN BE EXPENDABLE OR RECOVERABLE;
(E) CAPTURES IMAGES OF OBJECTS OR PEOPLE ON THE GROUND AND IN THE AIR;
(F) INTERCEPTS COMMUNICATIONS ON THE GROUND AND IN THE AIR; AND/OR
(G) CAN CARRY A LETHAL OR NON-LETHAL PAYLOAD.
3. A VIOLATION OF THIS SECTION SHALL RESULT IN A CIVIL PENALTY OF ONE
THOUSAND DOLLARS FOR THE FIRST OFFENSE AND A MISDEMEANOR FOR EACH SUBSE-
QUENT OFFENSE.
4. THIS SECTION SHALL NOT APPLY TO THE OPERATION OF A DRONE BY ANY
PERSON OR ENTITY THAT THE FEDERAL AVIATION ADMINISTRATION HAS AUTHORIZED
TO OPERATE A DRONE FOR A COMMERCIAL PURPOSE, WHERE THE DRONE IS OPERATED
IN A MANNER THAT COMPLIES WITH THAT AUTHORIZATION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01030-01-1