Senate Bill S4839

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4839
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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 prohibiting the  operation
   of uncrewed aircraft over school grounds or critical infrastructure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The New York state  legis-
 lature finds and declares that protecting the safety and security of our
 schools  and  our critical infrastructure facilities is of utmost impor-
 tance. It is the intent of the legislature to respond to developments in
 technology to ensure that new  technologies  do  not  pose  unreasonable
 risks  to our school children or our critical infrastructure facilities.
 Uncrewed aircraft  are  often  equipped  with  surveillance  technology,
 including  photograph  and  video  capabilities.  Thus, the operation of
 uncrewed aircraft has the potential to infringe on the  privacy  of  the
 students,  teachers, and staff on school grounds. Further, the operation
 of uncrewed aircraft can pose a risk to the safety and security of  both
 schools  and  critical  infrastructure facilities. Aerial photographs or
 videos of school grounds or critical infrastructure could equip  nefari-
 ous  actors  with  information about the location of critical equipment,
 entry and exit points, or the precise location of staff and, if applica-
 ble, students at a given time of day. Given these substantial risks, the
 legislature finds that an uncrewed aircraft that remains above or hovers
 above school grounds or critical infrastructure without  permission  can
 be  presumed to be performing surveillance and, as such, poses an unrea-
 sonable security risk. It is  not  the  intent  of  the  legislature  to
 restrict  overflight  by  uncrewed  aircraft  traversing the space above
 school grounds or critical infrastructure.
   § 2. The penal law is amended by adding a new section 270.45  to  read
 as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08523-01-5
 S. 4839                             2
              

 
 § 270.45 UNLAWFULLY  OPERATING  AN UNCREWED AIRCRAFT OVER SCHOOL GROUNDS
            OR CRITICAL INFRASTRUCTURE.
   1. AS USED IN THIS SECTION:
   (A)  "UNCREWED AIRCRAFT" MEANS AN AIRCRAFT OPERATED WITHOUT THE POSSI-
 BILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON SUCH AIRCRAFT.
   (B) "SCHOOL GROUNDS" MEANS IN OR ON OR WITHIN ANY BUILDING, STRUCTURE,
 ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE  REAL
 PROPERTY  BOUNDARY  LINE  OF  A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL,
 INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL.
   (C) "SCHOOL ADMINISTRATOR" SHALL HAVE THE SAME MEANING AS  DEFINED  BY
 SUBDIVISION  SIX  OF SECTION ONE THOUSAND ONE HUNDRED TWENTY-FIVE OF THE
 EDUCATION LAW.
   (D) "CRITICAL INFRASTRUCTURE" MEANS ANY OF THE FOLLOWING, IF COMPLETE-
 LY ENCLOSED BY A FENCE OR  OTHER  PHYSICAL  BARRIER  THAT  IS  OBVIOUSLY
 DESIGNED TO EXCLUDE INTRUDERS, OR IF CLEARLY MARKED WITH A SIGN OR SIGNS
 WHICH INDICATE THAT ENTRY IS FORBIDDEN AND WHICH ARE POSTED ON THE PROP-
 ERTY  IN  A MANNER REASONABLY LIKELY TO COME TO THE ATTENTION OF INTRUD-
 ERS, AND INDICATE THAT ENTRY IS FORBIDDEN:
   (I) AN ELECTRICAL POWER GENERATION OR DELIVERY SYSTEM;
   (II) A PETROLEUM OR ALUMINA REFINERY;
   (III) A CHEMICAL OR RUBBER MANUFACTURING FACILITY;
   (IV) AN OIL OR GAS PIPELINE;
   (V) A PETROLEUM OR CHEMICAL STORAGE FACILITY; OR
   (VI) A DRINKING  WATER  INTAKE  STRUCTURE,  DRINKING  WATER  TREATMENT
 FACILITY, WASTEWATER TREATMENT PLANT, PRESSURE/FLOW REGULATING FACILITY,
 WATER  STORAGE TANK, STANDPIPE, WATER SUPPLY RESERVOIR, PUMP STATION, OR
 WELLFIELD.
   2. A PERSON IS GUILTY OF UNLAWFULLY  OPERATING  AN  UNCREWED  AIRCRAFT
 OVER  SCHOOL  GROUNDS OR CRITICAL INFRASTRUCTURE WHEN SUCH PERSON INTEN-
 TIONALLY OR KNOWINGLY:
   (A) OPERATES AN UNCREWED AIRCRAFT  OVER  SCHOOL  GROUNDS  OR  CRITICAL
 INFRASTRUCTURE  AND SUCH UNCREWED AIRCRAFT REMAINS ABOVE OR HOVERS ABOVE
 SUCH SCHOOL GROUNDS  OR  CRITICAL  INFRASTRUCTURE,  PROVIDED  THAT  SUCH
 UNCREWED AIRCRAFT IS NOT HIGHER THAN TWO HUNDRED FIFTY FEET ABOVE GROUND
 LEVEL; OR
   (B) ALLOWS AN UNCREWED AIRCRAFT TO MAKE CONTACT WITH SCHOOL GROUNDS OR
 CRITICAL  INFRASTRUCTURE, INCLUDING ANY PERSON OR OBJECT ON THE PREMISES
 OF SUCH SCHOOL GROUNDS OR CRITICAL INFRASTRUCTURE.
   3. NOTHING IN THIS SECTION SHALL APPLY TO CONDUCT DESCRIBED IN  SUBDI-
 VISION TWO OF THIS SECTION WHEN SUCH CONDUCT IS COMMITTED BY:
   (A) THE FEDERAL GOVERNMENT, THE STATE, OR A GOVERNMENTAL AGENCY;
   (B)  A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIREC-
 TION OR ON BEHALF OF THE FEDERAL GOVERNMENT, THE  STATE,  OR  A  GOVERN-
 MENTAL ENTITY;
   (C) A PERSON WHO HAS THE PRIOR WRITTEN CONSENT OF:
   (I)  IN  THE  CASE  OF AN UNCREWED AIRCRAFT BEING OPERATED OVER SCHOOL
 GROUNDS, THE SCHOOL ADMINISTRATOR OF SUCH SCHOOL GROUNDS OR SUCH  SCHOOL
 ADMINISTRATOR'S DESIGNEE; OR
   (II)  IN THE CASE OF AN UNCREWED AIRCRAFT BEING OPERATED OVER CRITICAL
 INFRASTRUCTURE, THE ENTITY RESPONSIBLE FOR THE OPERATION OF  SUCH  CRIT-
 ICAL INFRASTRUCTURE;
   (D) A LAW ENFORCEMENT AGENCY;
   (E)  A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIREC-
 TION OR ON BEHALF OF A LAW ENFORCEMENT AGENCY; OR
 S. 4839                             3

   (F) A PERSON WHO OPERATES AN UNCREWED  AIRCRAFT  THAT  TRAVERSES  OVER
 SCHOOL  GROUNDS  OR  CRITICAL INFRASTRUCTURE WHEN SUCH UNCREWED AIRCRAFT
 IS:
   (I) AT LEAST TWO HUNDRED FIFTY FEET ABOVE SUCH SCHOOL GROUNDS OR CRIT-
 ICAL INFRASTRUCTURE; AND
   (II)  CONTINUOUSLY FLYING THROUGH AND IS NOT HOVERING OVER SUCH SCHOOL
 GROUNDS OR CRITICAL INFRASTRUCTURE.
   UNLAWFULLY OPERATING AN UNCREWED AIRCRAFT OVER SCHOOL GROUNDS OR CRIT-
 ICAL INFRASTRUCTURE IS A CLASS B MISDEMEANOR FOR A FIRST OFFENSE  AND  A
 CLASS A MISDEMEANOR FOR ANY SUBSEQUENT OFFENSE.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.