Bill Summary for H 128 (2017-2018)

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Summary date: 

Feb 16 2017

Bill Information:

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.

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Bill 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.