PROHIBIT DRONE USE OVER PRISON/JAIL.

Printer-friendly: Click to view
View NCGA Bill Details2017-2018 Session
House Bill 128 (Public) Filed Thursday, February 16, 2017
AN ACT TO PROHIBIT THE USE OF AN UNMANNED AIRCRAFT SYSTEM NEAR A LOCAL CONFINEMENT FACILITY OR STATE OR FEDERAL CORRECTIONAL FACILITY.
Intro. by McNeill, Torbett, Faircloth.

Status: Ch. SL 2017-179 (House Action) (Jul 25 2017)

Bill History:

H 128/S.L. 2017-179

Bill Summaries:

  • Summary date: Jul 25 2017 - View Summary

    AN ACT TO PROHIBIT THE USE OF AN UNMANNED AIRCRAFT SYSTEM NEAR A LOCAL CONFINEMENT FACILITY OR STATE OR FEDERAL CORRECTIONAL FACILITY. Enacted July 25, 2017. Effective December 1, 2017.


  • Summary date: Jun 20 2017 - View Summary

    Senate committee substitute makes the following changes to the 5th edition.

    Amends proposed GS 15A-300.3, clarifying that unmanned aircraft systems may not be operated within either a horizontal distance of 500 feet or a vertical distance of 250 feet of a confinement or correctional facility. Makes a similar clarification to the exception to that prohibition for public utilities, prohibiting them from operating an unmanned aircraft system withineither a horizontal or vertical distance of 150 feet from any such facility.


  • Summary date: Jun 14 2017 - View Summary

    Senate committee substitute makes the following changes to the 4th edition:

    Amends proposed GS 15A-300.3, which prohibits use of an unmanned aircraft system near a confinement or correctional facility. Exempts commercial entities operating in compliance with GS 15A-300.1 from the 24-hour notice requirement for operating an unmanned aircraft system within the prohibited zone.


  • Summary date: Apr 4 2017 - View Summary

    House committee substitute makes the following changes to the 3rd edition.

    Amends proposed GS 15A-300.3, prohibiting the use of an unmanned aircraft system near a confinement or correctional facility. Amends subsection (a) to qualify that a local confinement facility is as defined in GS 153A-217. Makes the same change to the directive to the Division of Aviation of the Department of Transportation to petition the FAA as specified in Section 2 of the act. 

    Amends subsection (b) to clarify that the distance restrictions of subsection (a) [previously, the provisions of subsection (a)] do not apply to the listed exceptions. Amends the list of exceptions as follows. Amends the exception for a public utility or a provider to also except a commercial entity, provided that the public utility, provider or commercial entity complies with the specified qualifications. Amends those specified qualifications for a public utility, a provider, or a commercial entity to be excepted from the distance restrictions of subsection (a), to now provide: (1) that the unmanned aircraft system remains outside a horizontal distance of 150 (was, 100) feet or a vertical distance of 150 (was, 100) feet from any local confinement facility or State or federal correctional facility; (2) that the entity notifies the official in responsible charge of the facility at least 24 hours prior to operating the unmanned aircraft system (unchanged); (3) that the entity uses the unmanned aircraft system for the purpose of inspecting public utility or provider transmission lines, equipment, or communication infrastructure, or for another purpose directly related to the business of the public utility, provider, or commercial entity (previously, did not include purposes of inspecting communication infrastructure or other purpose directly related to business); (4) that the entity uses the unmanned aircraft system for commercial purposes pursuant to and in compliance with the FAA regulations, authorizations, or exemptions, and Article 10 of GS Chapter 63 (previously did not include Article 10 of GS Chapter 63); and (5) that the person operating the unmanned aircraft system does not physically enter the prohibited space without an escort from the facility (previously not included at all). Adds new exception from the distance restrictions in subsection (a) for an emergency management agency, as defined in GS 166A-19.3; emergency services personnel; firefighters; and law enforcement officers when using an unmanned aircraft system in response to an emergency.  

    Amends subsection (c), subdivision (1), to apply the penalty of a Class H felony and a $1,500 fine to persons who use an unmanned aircraft system in violation of subsection (a) or pursuant to an exception in subsection (b) (previously, pursuant to an exception in subsection (b) not included), and who deliver or attempt to deliver a weapon to a local confinement facility or State or federal correctional facility.

    Amends subsection (c), subdivision (2), to apply the penalty of a Class I felony and a $1,000 fine to persons who use an unmanned aircraft system in violation of subsection (a) or pursuant to an exception in subsection (b) (previously, pursuant to an exception in subsection (b) not included), and who deliver or attempt to deliver contraband to a local confinement facility or State or federal correctional facility.

    Adds new provision to require the Social Services Commission of the Department of Health and Human Services, at the request of the Division of Aviation, to provide the Division of Aviation a list of local confinement facilities, as defined in GS 153A-217, including facility location and a contact person for each facility. Requires the Department of Public Safety, at the request of the Division of Aviation, to provide the Division of Aviation a list of State correctional facilities, including facility location, a contact person for each facility, and each facility's operational status. 


  • Summary date: Mar 21 2017 - View Summary

    House committee substitute makes the following changes to the 2nd edition:

    Clarifies the measurement of the area in which operation of an unmanned aircraft is prohibited. Requires posted notices no more than 100 yards apart along a marked boundary. Creates new exceptions to the prohibition for public utilities or providers, so long as they remain outside a horizontal or vertical distance of 100 feet from the relevant facilities, they notify the official in responsible charge of the facility at least 24 hours prior to operating the unmanned aircraft, they use the aircraft for the purpose of inspecting public utility or provider transmission lines or equipment, and they use the aircraft for commercial purposes in compliance with Federal Aviation Administration regulations. Revises a reference to GS 14-401.24 to specifically refer to subsection (c) of that statute. Amends the caption of subsection (d) to read "Seizure, Forfeiture, and Disposition of Seized Property." Authorizes law enforcement agencies to seize aircraft and any attached property used in violation of this statute. Makes technical changes.

    Directs the Department of Transportation, Division of Aviation (Division), to petition the Federal Aviation Administration (FAA) to designate any local confinement facility or State or federal correctional facility in the state as a fixed site facility, and to follow any guidance from the FAA in submitting and processing the petition, and to publish designations by the FAA on the Division's website. Directs the Division to develop guidelines for posted notices to mark boundaries established in this act.


  • Summary date: Mar 7 2017 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Deletes subsections (c) and (d) of proposed GS 15A-300.3 pertaining to the confiscation, disposition, and release of an unmanned aircraft system used in violation of the statute's proposed prohibition of the use of an unmanned aircraft system near a confinement or correctional facility.

    Instead, provides a new subsection (c) setting forth that an unmanned aircraft system used in violation of the statute and seized by law enforcement is subject to forfeiture and disposition as prescribed in existing GS 18B-504 (forfeiture of conveyances used to conceal, convey, or transport intoxicating beverages). Requires an innocent owner or holder of a security interest applying to the court for release of the unmanned aircraft system as prescribed in existing GS 18B-504(h) to also provide proof of ownership or security interest along with a written certification that the unmanned aircraft system will not be returned to the person who was charged with the violation of proposed GS 15A-300.3 (the previous edition also contained similar certification requirements for innocent owners). Further establishes that any property, weapons, or contraband seized by a law enforcement agency in connection with a violation of proposed GS 15A-300.3 is subject to forfeiture and disposition as prescribed in existing GS 18B-504, GS 14-269.1 (confiscation and disposition of deadly weapons), GS 90-112 (forfeiture related to controlled substances), or any combination of those statutes by order of the court.


  • Summary date: Feb 16 2017 - View Summary

    Enacts GS 15A-300.3 to prohibit any person, entity, or State agency from using an unmanned aircraft system within a horizontal distance of 500 feet or a vertical distance of 250 feet from any local confinement facility or State or federal correctional facility. Excepts from this prohibition (1) any person who has obtained written consent from the official in responsible charge of the facility so long as use of the unmanned aircraft system is not otherwise prohibited under State or federal law and (2) a law enforcement officer using an unmanned aircraft system in accordance with GS 15A-300.1(c). 

    Makes it a Class H felony with a fine of $1,500 for a person who uses an unmanned aircraft system in violation of this prohibition for the purpose of delivering a weapon, as defined in GS 14-401.24, to a local confinement facility or State or federal correctional facility. Makes it a Class I felony with a fine of $1,000 for a person who uses an unmanned aircraft system in violation of this prohibition for the purpose of delivering contraband, including controlled substances (as defined in GS 90-87), cigarettes, alcohol, and communication devices, to a local confinement facility or State or federal correctional facility. Makes it a Class 1 misdemeanor with fine of $500 for a person who uses an unmanned aircraft in violation of this prohibition for any other purpose. 

    Authorizes the law enforcement agency investigating any violation of this prohibition to confiscate the unmanned aircraft system. Requires the confiscating law enforcement agency to keep records of confiscation in accordance with its records retention policy. Requires confiscated systems used in committing convicted violations of subsection (a) to be sent to the Division of Aviation of the Department of Transportation and to become the property of the State. Requires confiscated systems used in an alleged violation of subsection (a) to be released to the owner if the legal proceeding alleging the violation does not result in a conviction. Provides for the release of a confiscated system to an innocent owner upon the final determination of any legal proceeding alleging its use in violation of subsection (a), as specified. Requires the confiscating law enforcement agency to send the unmanned aircraft system to the Division of Aviation where the system will become property of the State if an innocent owner fails to recover the system within 30 days of the date listed on the notice of release.

    Effective December 1, 2017, and applies to offenses committed on or after that date.