Bill Text: NH SB460 | 2024 | Regular Session | Amended


Bill Title: Establishing the crime of and penalties for unlawful use of unmanned aircraft systems.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2024-05-30 - House Refuses to Accede to Senate Request for CofC (Rep. Rhodes): Motion Adopted Voice Vote 05/30/2024 House Journal 15 P. 28 [SB460 Detail]

Download: New_Hampshire-2024-SB460-Amended.html

SB 460-FN - AS AMENDED BY THE SENATE

 

03/07/2024   0821s

2024 SESSION

24-3008

11/10

 

SENATE BILL 460-FN

 

AN ACT establishing the crime of and penalties for unlawful use of unmanned aircraft systems.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Watters, Dist 4; Sen. Gannon, Dist 23; Rep. Rhodes, Ches. 17

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes the crime of and penalties for unlawful use of small unmanned aircraft systems (drones).

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2024   0821s 24-3008

11/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT establishing the crime of and penalties for unlawful use of unmanned aircraft systems.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Unlawful Operation or Use of Unmanned Aircraft Systems.  Amend RSA 644 by inserting after section 644:22 the following new section:

644:23  Unlawful Operation or Use of Small Unmanned Aircraft.

I.  A person is guilty of a misdemeanor if such person operates a small UAS that interferes with law enforcement, firefighting, or other emergency response operations or violates any provisions of RSA 644:9.

II.  A person is guilty of:

(a)  A class A misdemeanor if such person negligently operates a small UAS in a manner so as to interfere with or disrupt the flight of a human-occupied aircraft, or otherwise impede the normal course of operations of any international, regional, municipal, or general aviation airport.

(b)  A class B felony if such operation results in damage to a human-occupied aircraft in flight.

(c)  A class A felony if such operation causes said aircraft to crash and such crash results in death or serious bodily injury.

III.  A person is guilty of a misdemeanor if such a person operates a small UAS in FAA-restricted airspace over the property of a federal or state correctional, penal, or detention facility, and a class B felony if such operation is done with the purpose of delivering contraband into the facility or to aid in the escape of a prisoner.

IV.  A person is guilty of a class B felony if such person is knowingly in possession of or operates a small UAS equipped with a device capable of causing serious bodily injury, death, or property damage or is otherwise capable of firing or releasing a projectile.  Federal, state, and municipal public safety bomb squad personnel are exempted from this provision for the limited purpose of use of a small UAS for the disposal of explosives, bombs, and hazardous devices.  Law enforcement's use of a small UAS to deploy distraction or disorientation devices is exempt from this provision.

VI.  This provision shall not apply to any law enforcement officer pursuant to their lawful authority.

2  Effective Date.  This act shall take effect January 1, 2025.

 

LBA

24-3008

11/29/23

 

SB 460-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing the crime of and penalties for unlawful use of unmanned aircraft systems.

 

FISCAL IMPACT:         [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

 

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association

 

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