HB1230: HB1230 Aviation; prohibit operation of unmanned aircraft systems over a place of incarceration

26 LC 64 0073S/AP House Bill 1230 (AS PASSED HOUSE AND SENATE) By: Representatives Jones of the 25th, Thomas of the 21st, Crowe of the 118th, Hitchens of the 161st, and Lumsden of the 12th A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 5 of Title 42 of the Official Cod e of Georgia Annotated,1 relating to general provisions regarding correctional institutions of state and counties, so as2 to prohibit operation of a n unmanned aircraft system above a pl ace of incarceration; to3 provide a definition; to provide for the ability of law enforce ment to seize or destroy an4 unmanned aircraft system that is operating above a place of incarceration; to provide for law5 enforcement officers to take reasonable and necessary mitigation measures against unmanned6 aircraft systems operating above a place of incarceration; to amend Chapter 1 of Title 6 of7 the Official Code of Georgia Annotated, relating to general pro visions regarding aviation,8 so as to make conforming changes to exemptions; to provide for criminal penalties; to9 provide for exceptions; to revise a definition; to provide for related matters; to repeal10 conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Article 1 of Chapter 5 of Title 42 of the Official Code of Geor gia Annotated, relating to14 general provisions regarding correctional institutions of state and counties, is amended by15 revising subsections (a) and (f) of Code Section 42-5-18, relat ing to items prohibited for16 H. B. 1230 - 1 - 26 LC 64 0073S/AP possession by inmates, warden's authorization, penalty, and use of unmanned aircraft to17 accomplish violations, as follows:18 "(a) As used in this Code section, the term:19 (1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other20 person held, incarcerated, or detained in a place of incarcerat ion, whether or not such21 person is inside or outside of such place of incarceration.22 (2) 'Place of incarceration' means any prison, probation deten tion center, jail, or23 institution, including any state, federal, local, or privately operated facility, used for the24 purpose of incarcerating criminals or detainees.25 (3) 'Telecommunications device' means a device, an apparatus associated with a device,26 or a component of a device that enables, or may be used to enable, communication with27 a person outside a place of incarceration, including a telephon e, cellular telephone,28 personal digital assistant, transmitting radio, or computer connected or capable of being29 connected to a computer network, by wireless or other technology, or otherwise capable30 of communicating with a person or device outside of a place of incarceration.31 (4) 'Unmanned aircraft system' shall have the same meaning as set forth in Code32 Section 6-1-4.33 (4)(5) 'Warden or superintendent' means the commissioner or any ward en,34 superintendent, sheriff, chief jailer, or other person who is r esponsible for the overall35 management and operation of a place of incarceration."36 "(f)(1) It shall be unlawful for any person to knowingly and intentionally use operate, or37 allow another to operate from his or her property, an unmanned aircraft system to violate38 the provisions of subsection (b) or (b.1) of this Code section.:39 (2)(A) To violate the provisions of subsection (b) or (b.1) of this Code section It shall40 be unlawful for any person to intentionally photograph or otherwise record images of41 a place of incarceration through the use of an unmanned aircraf t s y s t e m f o r t h e42 purposes of committing a criminal offense;43 H. B. 1230 - 2 - 26 LC 64 0073S/AP (B) To photograph or record images or videos of a place of incarceration for purposes44 of committing a criminal offense; Any person may secure prior authorization from the45 warden or the superintendent, or his or her designated representative, of such place of46 incarceration for photographing or recording as evidence of a n oncriminal intent;47 provided, however, that failure to secure such prior authorization shall not evidence a48 criminal intent49 (C) Above a place of incarceration; or50 (D) Above a place of incarceration from his or her property.51 (2) Prior authorization from the warden or the superintendent, or his or her designated52 representative, to photograph or record a place of incarceration with an unmanned aircraft53 system may serve as evidence of a noncriminal intent; provided, however, that failure to54 secure such prior authorization shall not evidence a criminal intent.55 (3) Any person who commits or attempts to commit a violation of this subsection shall56 be guilty of a felony and, upon conviction thereof, shall be sentenced as follows:57 (A) Any person convicted of a violation subparagraph (A) of paragraph (1) of this58 subsection shall be imprisoned for not less than one nor more than ten years; and59 (B) Any person convicted of a violation of subparagraph (B) or (C) paragraph (2) (1)60 of this subsection shall be imprisoned for not less than five nor more than ten years.61 (4) Unmanned aircraft systems operated in violation of this su bsection are declared to62 be contraband and may be seized, taken, removed, or destroyed o r disposed of by law63 enforcement at the expense of the owner thereof For purposes of this Code section, the64 term 'unmanned aircraft system' shall have the same meaning as provided for in Code65 Section 6-1-4.66 (5) A law enforcement officer or agency may take reasonable and necessary mitigation67 measures against an unmanned aircraft system operating over of a place of incarceration68 for the purposes of committing a criminal offense. Such measures may include, but shall69 not be limited to:70 H. B. 1230 - 3 - 26 LC 64 0073S/AP (A) The use of methods which detect, track, and identify unmanned aircraft systems;71 or72 (B) Intercepting, disabling, ne utralizing, or disrupting an unmanned aircraft system73 through the use of legal and safe methods including, but not li mited to, jamming,74 hacking, or physical capture.75 (6) A law enforcement officer or agency shall act pursuant to this subsection only if there76 is reasonable suspicion that the unmanned aircraft system opera ting above a place of77 incarceration is involved in criminal activity, poses an imminent threat to public safety,78 or is otherwise in violation of state or federal law.79 (7) Provisions of this subsection shall not apply to:80 (A) The operation of an unmanned aircraft system by an operator who is in compliance81 with federal regulations or who is a peace officer operating su ch system for a law82 enforcement or public safety purpose; or83 (B) An employee of a water, sewer, electrical, telephone, cabl e, or other regulated84 utility service who is acting within the scope of such employment."85 SECTION 2.86 Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions87 regarding aviation, is amended by revising Code Section 6-1-4, relating to regulation of the88 testing or operation of unmanne d aircraft sys tem, preemption, u nauthorized operation at89 ticketed entertainment event, penalty, and exemptions, as follows:90 "6-1-4.91 (a) As used in this Code section, the term:92 (1) 'Ticketed entertainment event' means any music, sporting, or performing arts event93 held in a location with gated entries or barriers that prevent access to the general public94 and in which a revocable license that has been issued by an owner, operator, or lessee of95 such property is required for attendance at such event.96 H. B. 1230 - 4 - 26 LC 64 0073S/AP (2)(A) 'Unmanned aircraft system' means:97 (A) A a powered, aerial vehicle that:98 (i) Does not carry a human operator and is operated without the possibility of direct99 human intervention from within or on the aircraft;100 (ii) Uses aerodynamic forces to provide vehicle lift;101 (iii) Can fly autonomously or be piloted remotely; and102 (iv) Can be expendable or recoverable; and.103 (B) Such term shall not include a satellite.104 (b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other105 political subdivision of this state local government entity regulating the testing or operation106 of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no107 force and effect; provided, however, that a county, municipalit y, or other political108 subdivision of this state local government unit entity may:109 (1) Enforce any ordinance that was adopted on or before April 1, 2017;110 (2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or111 (3) Adopt an ordinance that provides for or prohibits the laun ch or intentional landing112 of an unmanned aircraft system from or on its public property except with respect to the113 operation of an unmanned aircraft system for commercial purposes.114 (c) The state, through agency or departmental rules and regula tions, may provide for or115 prohibit the launch or intentional landing of an unmanned aircr aft system from or on its116 public property.117 (d)(1) It shall be unlawful to operate an unmanned aircraft system within 400 feet of or118 above a ticketed entertainment event.119 (2) A person who violates this subsection shall be guilty of the unauthorized operation120 of an unmanned aircraft system and shall be punished as for a misdemeanor.121 (3) This subsection shall not apply when t o a person who operates operating a n122 unmanned aircraft system within 400 feet or above a ticketed entertainment event who:123 H. B. 1230 - 5 - 26 LC 64 0073S/AP (A) Has obtained consent by any person with legal authority ov er a ticketed124 entertainment event;125 (B) Is authorized by federal regulations to operate an unmanned aircraft system and is126 operating such system in a lawful manner and consistent with federal regulations;127 (C) Is an employee of the property where the ticketed entertainment event is held and128 is conducting official business;129 (D) Is an employee of a water, sewer, electrical, telephone, c able, or other regulated130 utility service provider and is conducting official business wi thin the scope of such131 employment; or132 (E) Is an owner of private property who is operating an unmanned aircraft system that133 he or she owns above such property, provided that such operatio n is consistent with134 federal regulations and is not used for commercial purposes, to convey or communicate135 a message, or to record for purposes of commercial broadcasting or publication,136 monitor, or otherwise interfere in any way with a ticketed entertainment event."137 SECTION 3.138 All laws and parts of laws in conflict with this Act are repealed.139 H. 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