Bill Summary for H 128 (2017-2018)

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Summary date: 

Mar 7 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

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.