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

                                  3597

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A. ZEBROWSKI, GOTTFRIED, JAFFEE, TITONE, MARKEY,
  SIMOTAS, STECK, STIRPE -- read once and referred to the  Committee  on
  Codes

AN  ACT  to  amend  the  penal  law,  in  relation to unlawful use 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 two
new subdivisions 7 and 8 to read as follows:
  7. "UNMANNED AIRCRAFT" MEANS  AN  AIRCRAFT,  WEIGHING  LESS  THAN  TEN
POUNDS,  THAT  IS  OPERATED  REMOTELY  WITHOUT THE POSSIBILITY OF DIRECT
HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT. THIS DOES NOT INCLUDE
MODEL AIRCRAFT, ROCKETS OR ANY FIXED WING AIRCRAFT.
  8. "RESTRICTED AIRSPACE" MEANS ANY AIRSPACE WITHIN ONE  THOUSAND  FEET
OF  A STRUCTURE OR PROPERTY WHERE THE FLIGHT OF AN UNMANNED AIRCRAFT MAY
CAUSE A DISRUPTION TO THE FUNCTION OF A GOVERNMENTAL OR SENSITIVE OPERA-
TION INCLUDING BUT  NOT  LIMITED  TO  SCHOOLS,  UTILITY  EQUIPMENT,  LAW
ENFORCEMENT  FACILITIES, MILITARY PROPERTY, COMMUNICATION TOWERS, BRIDG-
ES, RAILROAD STATIONS AND WITHIN FIVE MILES OF AN AIRPORT.
  S 2. The penal law is amended by adding a new section 240.80  to  read
as follows:
S 240.80. UNLAWFUL USE OF AN UNMANNED AIRCRAFT.
  A PERSON IS GUILTY OF UNLAWFUL USE OF AN UNMANNED AIRCRAFT WHEN DURING
THE  PERSONAL  USE  OF  SUCH  AIRCRAFT,  EXCEPT AS OTHERWISE PROVIDED BY
FEDERAL LAW, HE OR SHE OPERATES AN UNMANNED AIRCRAFT:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02681-02-5
              

A. 3597                             2

  6. WITH THE INTENT TO HARASS OR ANNOY AN INDIVIDUAL OR INDIVIDUALS; OR
  7. BELOW TWO HUNDRED FEET ABOVE GROUND LEVEL ON PRIVATE PROPERTY WITH-
OUT THE OWNER'S CONSENT.
  UNLAWFUL USE OF AN UNMANNED AIRCRAFT IS A CLASS A MISDEMEANOR.
  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.

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

                                 3597--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A. ZEBROWSKI, GOTTFRIED, JAFFEE, TITONE, MARKEY,
  SIMOTAS, STECK, STIRPE,  DINOWITZ,  MOSLEY,  BROOK-KRASNY,  MONTESANO,
  McDONOUGH,  GUNTHER, CROUCH, COLTON, PEOPLES-STOKES, GALEF, LINARES --
  Multi-Sponsored by -- M. of A. ABBATE,  BRAUNSTEIN,  COOK,  DenDEKKER,
  DUPREY, GLICK, HIKIND, LOPEZ, McLAUGHLIN, ROBINSON, SALADINO, SIMON --
  read  once  and  referred  to  the  Committee  on  Codes  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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  ROTORCRAFT,  WEIGHING  LESS  THAN  TEN
POUNDS,  WHICH  IS  PROPELLED  BY  FOUR SEPARATE ROTORS THAT IS OPERATED
REMOTELY WITHOUT THE POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITH-
IN 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02681-04-5
              

A. 3597--A                          2

  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.