Bill Text: HI HB128 | 2024 | Regular Session | Introduced
Bill Title: Relating To Unmanned Aircraft.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB128 Detail]
Download: Hawaii-2024-HB128-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
128 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UNMANNED AIRCRAFT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Part .
UNMANNED AIRCRAFT
§711-A Definitions. As used in this part:
"Aircraft" means any device, craft, vehicle, or contrivance that is invented, used, or designed to navigate, fly, or travel in the air, or that is used or intended to be used for flight in the air.
"Bodily injury" has the same meaning as provided in section 707-700.
"Contraband" has the same meaning as provided in section 710-1023.
"Dangerous instrument" has the same meaning as provided in section 707-700.
"Drug" has the same meaning as provided in section 710‑1022.
"Electric gun" has the same meaning as provided in section 134-81.
"Explosive" means a device composed of a single ingredient, or mixture of ingredients, capable of instantaneously releasing a sufficient amount of energy to inflict substantial damage to persons or property, and includes fireworks as defined in section 132D-2.
"Firearm" has the same meaning as provided in section 134‑1.
"Intoxicant" has the same meaning as provided in section 291E-1.
"Prison" includes jails, prisons, correctional centers, correctional facilities, and detention centers.
"Serious bodily injury" has the same meaning as provided in section 707-700.
"Substantial bodily injury" has the same meaning as provided in section 707-700.
"Unmanned aircraft" means any aircraft that is operated or designed to be operated without a person in or on the aircraft, or without the possibility of direct human intervention from within or on the aircraft.
"Under the influence" has the same meaning as provided in section 291E-1; provided that the term "unmanned aircraft" shall be substituted for the term "vehicle" as used therein.
"Weapon of mass destruction" means any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or other precursors, and includes any weapon involving a biological agent, toxin, or vector and any weapon designed to release radiation or radioactivity at a level dangerous to human life.
§711-B Misuse of unmanned aircraft in the first
degree. (1) A
person commits the offense of misuse of unmanned aircraft in the first degree
if the person intentionally or knowingly:
(a) Equips or arms an unmanned aircraft with a firearm, explosive, electric gun, or weapon of mass destruction;
(b) Possesses, receives, transfers, operates, or produces an unmanned aircraft that is equipped or armed with a firearm, explosive, electric gun, or weapon of mass destruction;
(c) Discharges or deploys a firearm, explosive, electric gun, or weapon of mass destruction using an unmanned aircraft;
(d) Operates an unmanned aircraft and thereby intentionally, knowingly, or recklessly interferes with or disrupts the operation of any manned aircraft;
(e) Uses an unmanned aircraft to transport and introduce, or to attempt to introduce, contraband, drugs, or dangerous instruments into a prison;
(f) Uses an unmanned aircraft in furtherance of the commission of a felony; or
(g) Operates an unmanned aircraft and thereby causes serious bodily injury to another person.
(2) Misuse of unmanned aircraft in the first degree is a class A felony.
(3) Subsection (1)(a), (b), (c), (d), and (g) shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.
§711-C Misuse of unmanned aircraft in the second
degree. (1) A
person commits the offense of misuse of unmanned aircraft in the second degree
if the person intentionally or knowingly:
(a) Disables any required identification transmission or signaling of an unmanned aircraft;
(b) Disables or obscures any anti-collision lighting of an unmanned aircraft or fails to have or illuminate the lighting as required by law or by the rules, regulations, and orders of the Federal Aviation Administration;
(c) Operates an unmanned aircraft and thereby causes substantial bodily injury to another person; or
(d) Operates an unmanned aircraft and thereby damages the property of another, without the other’s consent, in an amount exceeding $20,000.
(2) Misuse of unmanned aircraft in the second degree is a class B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
(3) This section shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.
§711-D Misuse of unmanned aircraft in the third degree. (1) A person commits the offense of misuse of unmanned aircraft in the third degree if the person intentionally, knowingly, or recklessly:
(a) Removes, obliterates, alters, or tampers with the identification or registration number of an unmanned aircraft;
(b) Operates an unmanned aircraft and thereby obstructs, impairs or hinders the performance of a police officer, deputy sheriff, or firefighter acting under color of their official authority;
(c) Operates an unmanned aircraft and thereby causes bodily injury to another person;
(d) Operates an unmanned aircraft and thereby damages the property of another, without the other’s consent, in an amount exceeding $750;
(e) Operates an unmanned aircraft while under the influence of an intoxicant;
(f) Operates an unmanned aircraft after the person’s license, certificate, or privilege to operate an unmanned aircraft has been revoked, suspended, or otherwise restricted by the issuing governmental authority.
(2) Misuse of unmanned aircraft in the third degree is a class C felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
(3) This section shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government."
SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by designating sections 711-1100 to 711-1112 as part I, entitled "General Provisions".
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Honolulu Prosecuting Attorney Package; Unmanned Aircraft; Criminal Offenses
Description:
Establishes the felony offenses of misuse of unmanned aircraft in the 1st, 2nd, and 3rd degrees.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
