HB 1346 — An Act amending Titles 18 (Crimes and Offenses) and 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in burglary and other criminal intrusion, defining the offense of unlawful use of unmanned aircraft; and, in preemptions, prohibiting local regulation of unmanned aircraft.

PRIOR PRINTER'S NO.

1672 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

21671346 THE2017 GENERALINTRODUCED ASSEMBLYBY OFPYLE, PENNSYLVANIAROZZI, HOUSEPICKETT, BILLSOLOMON, SessionMARSHALL, ofBERNSTINE, No.RYAN, CAUSER, SCHLOSSBERG, MILLARD, D.

1346COSTA, 2017 INTRODUCED BY PYLE, ROZZI, PICKETT, SOLOMON, MARSHALL, O'NEILL, READSHAW, B.

QUINN, JOZWIAK, KAUFFMAN,KAUFFMAN COOK, WHEELAND AND GILLEN,COOK, MAY 8, 2017 ASREFERRED REPORTEDTO FROM COMMITTEE ON JUDICIARY, HOUSEMAY OF8, REPRESENTATIVES, AS AMENDED, JUNE 28, 2017 AN ACT Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in burglary and other criminal intrusion, defining the offense of unlawful use of unmanned aircraft;

and, in preemptions,preemptions,e prohibiting local regulation of unmanned aircraft.

(a) Offense defined.--A person commits the offense of unlawful use of unmanned aircraft if the person intentionally or <-- knowingly uses an unmanned aircraftaircraft: INTENTIONALLY OR KNOWINGLY <-- TO:

(1) To conduct CONDUCT surveillance of another person in <-- a private place.

(2) To operate OPERATE in a manner which places another <-- person in reasonable fear of bodily injury.

(3) To deliverdeliver, DELIVER, provide, transmit or furnish <-- contraband in violation of section 5123 (relating to contraband) or 61 Pa.C.S.

(b) Separate violations.--A separate violation under <-- subsection (a)(1) or (2) shall occur:

(B)(d) GRADING.--THEExceptions OFFENSEfor OFlaw UNLAWFULenforcement USEofficers.--Subsection OF(a) UNMANNEDshall <--not AIRCRAFTapply SHALLif BEthe GRADEDconduct ASproscribed FOLLOWS:under subsection (a) is committed by any of the following:

(1) ANLaw OFFENSEenforcement UNDERofficers SUBSECTIONengaged (A)(1)in ORthe (2)performance ISof Atheir SUMMARYofficial OFFENSElaw PUNISHABLEenforcement BYduties. A FINE OF UP TO $300.

(2) ANPersonnel OFFENSEof UNDERthe SUBSECTIONDepartment (A)(3)of ISCorrections, Alocal FELONYcorrectional OFfacility, THEprison SECONDor DEGREE.jail for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections, local correctional facility, prison or jail.

(d)(e) (C)Other Exceptionsexceptions.--Subsection for(a)(1) lawand enforcement(2) officers.--Subsection <-- (a) shall not apply if the conduct proscribed under subsection (a)(a)(1) or (2) 20170HB1346PN1672 - 2 - is committed by any of the following:

20170HB1346PN2167 - 2 - (1) Law enforcement officers engaged in the performance of their official law enforcement duties.

(2) Personnel of the Department of Corrections, local correctional facility, prison or jail for security purposes <-- or during investigation of alleged misconduct by a person in the custody of the Department of Corrections, local correctional facility, prison or jail ENGAGED IN THE <-- PERFORMANCE OF THEIR OFFICIAL DUTIES.

(e) (D) Other exceptions.--Subsection (a)(1) and (2) shall <-- not apply if the conduct proscribed under subsection (a)(1) or (2) is committed by any of the following:

(4) A person engaged in aerial data collection if the <-- unmanned aircraft is authorized by an exemption that is issued by the Federal Aviation Administration or is used in compliance with regulations promulgated by the Federal Aviation Administration.

(5) (4) An employee or agent of a government agency <-- 20170HB1346PN2167 - 3 - while engaged in the performance of the employee's or agent's official duties.

(E) AERIAL DATA COLLECTION.--SUBSECTION (A)(1) SHALL NOT <-- APPLY IF THE CONDUCT PROSCRIBED IS COMMITTED BY A PERSON ENGAGED IN AERIAL DATA COLLECTION IF:

(1) THE PERSON UTILIZED THE UNMANNED AIRCRAFT IN A MANNER WHICH COMPLIES WITH FEDERAL AVIATION ADMINISTRATION REGULATIONS OR THE UNMANNED AIRCRAFT IS AUTHORIZED BY AN EXEMPTION THAT IS ISSUED BY THE FEDERAL AVIATION ADMINISTRATION;

AND (2) THE PERSON DID NOT KNOWINGLY OR INTENTIONALLY CONDUCT SURVEILLANCE OF ANOTHER PERSON IN A PRIVATE PLACE.

"Law enforcement officer." An officer of the United States, of another state or subdivision thereof, or of the Commonwealth or political subdivision thereof, who is empowered by law to 20170HB1346PN1672 - 3 - conduct investigations of or to make arrests for offenses enumerated in this title or an equivalent crime in another jurisdiction and an attorney authorized by law to prosecute or participate in the prosecution of the offense.

"Surveillance." Using or causing to be used an unmanned aircraft to enter or remain on or above the land of another in <-- order to observe, record or invade the privacy of another.

"Unmanned aircraft." An aircraft that is operated without 20170HB1346PN2167 - 4 - the possibility of direct human intervention from within or on the aircraft.

(c) Definition.--As used in this section, the term "municipality" shall include a county, city, borough, incorporated town or township or home rule, optional plan or optional charter municipality, any other general purpose unit of government established by the General Assembly, a municipal 20170HB1346PN1672 - 4 - authority and any entity formed pursuant to Ch.

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