Bill Text: NY S07723 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the operation of unmanned aircraft, including drones, over school grounds or critical infrastructure; provides penalties for violations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-03-11 - PRINT NUMBER 7723B [S07723 Detail]

Download: New_York-2023-S07723-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7723

                               2023-2024 Regular Sessions

                    IN SENATE

                                    October 20, 2023
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation to prohibiting the  operation
          of unmanned aircraft over school grounds

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 270.45  to
     2  read as follows:
     3  § 270.45 Unlawfully operating an unmanned aircraft over school grounds.
     4    1. As used in this section:
     5    (a)  "Unmanned aircraft" means an aircraft operated without the possi-
     6  bility of direct human intervention from within or on the aircraft.
     7    (b) "School grounds" means in or on or within any building, structure,
     8  athletic playing field, playground or land  contained  within  the  real
     9  property  boundary  line  of  a public or private elementary, parochial,
    10  intermediate, junior high, vocational or high school.
    11    (c) "School administrator" shall have the same meaning as  defined  by
    12  subdivision  six  of section one thousand one hundred twenty-five of the
    13  education law.
    14    2. A person is guilty of unlawfully  operating  an  unmanned  aircraft
    15  over school grounds when, they intentionally or knowingly:
    16    (a) operate an unmanned aircraft over school grounds and such unmanned
    17  aircraft is not higher than four hundred feet above ground level;
    18    (b)  allow  an  unmanned aircraft to make contact with school grounds,
    19  including any person or object on the premises;
    20    (c) allow an unmanned aircraft to come within  a  distance  of  school
    21  grounds  that  is  close  enough  to interfere with the operations of or
    22  cause a disturbance to the school on such school grounds.
    23    3. Nothing in this section shall apply to conduct described in  subdi-
    24  vision two of this section when such conduct is committed by:
    25    (a) the federal government, the state, or a governmental agency;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13457-01-3
        S. 7723                             2

     1    (b)  a person under contract with or otherwise acting under the direc-
     2  tion or on behalf of the federal government, this state, or governmental
     3  entity;
     4    (c)  a person who has the prior written consent of the school adminis-
     5  trator or his or her designee;
     6    (d) a law enforcement agency; or
     7    (e) a person under contract with or otherwise acting under the  direc-
     8  tion or on behalf of a law enforcement agency.
     9    Unlawfully  operating  an  unmanned  aircraft over school grounds is a
    10  class B misdemeanor, for a first offense and a class A  misdemeanor  for
    11  any subsequent offense.
    12    § 2. This act shall take effect on the first of November next succeed-
    13  ing the date on which it shall have become a law.