SB 166 — OPERATING UNMANNED AIRCRAFT NEAR PRISON

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 166 53RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION , 2018 INTRODUCED4 BY6 Bill8 B.10 AN ACT RELATING TO PUBLIC SAFETY;

O'NeillREGULATING 6THE 8OPERATION 10OF ANUNMANNED ACTAIRCRAFT RELATINGAROUND TOPRISONS PUBLICOR SAFETY;CHILDREN, YOUTH AND FAMILIES DEPARTMENT DETENTION OR COMMITMENT FACILITIES;

REGULATING THE OPERATION OF UNMANNED AIRCRAFT AROUND PRISONS;

1416 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 SECTION 1.

[NEW MATERIAL ] UNLAWFUL OPERATION OF UNMANNED w l n d 18 AIRCRAFT NEAR PRISONS--DEFINITIONS--PROVIDINGPRISONS PENALTIES.--OR CHILDREN, YOUTH AND FAMILIES = = 19 DEPARTMENT DETENTION OR COMMITMENT FACILITIES--DEFINITIONS-- a l i a e r 20 PROVIDING PENALTIES.-- a t 17m m 21 A.

It is unlawful to operate, direct or program a wd lr ne d22 18 drone to fly within either a horizontal distance of five =c =e 19s k 23 hundred feet,feet or a vertical distance of two hundred fifty feet ae l i a en rb 2024 of the penitentiary of New Mexico or any other institution au t[ m m 21 designated by the corrections department for the confinement of d.210108.1 rSPAC/SB e166 22inmates inmates;or a facility designated by the children, youth and families department for the detention or commitment of children;

provided that this does not apply to:to a drone used:

c e s k 23 (1) a drone used for law enforcement;

e a n b 24 (2) a drone used for emergency purposes by a u [ first responder;

or .209537.1SA (3) a drone used with the written permission of the warden or director of the facility.

e e 17 (b) uses aerodynamic forces to provide e e n d 18 vehicle lift;

= = l ] 19 (c) can fly autonomously or be piloted a l r i 20 remotely;

and t e a t (d) can be expendable or recoverable;

m m 21 e d and r e 22 c e 17r c 23 (2) "first responder" means a police officer, e ea n db 1824 peace officer, firefighter, paramedic or search and rescue =u =[ l ] 19 person.

a.210108.1 l- r2 i- 20SPAC/SB 166 SECTION 2.

Section 30-22-14 NMSA 1978 (being Laws 1976, t e a t Chapter 15, Section 1, as amended) is amended to read:

m m 21 e d r e 22 "30-22-14.

BRINGING CONTRABAND INTO PLACES OF c e r c 23 IMPRISONMENT--PENALTIES--DEFINITIONS.-- e a n b 24 A.

Bringing contraband into a prison,prison including by u [ use of a drone, consists of knowingly and voluntarily carrying, .209537.1SAtransporting -or 2depositing -contraband, transportingincluding orby depositinguse contrabandof a drone , onto the grounds of the penitentiary of New Mexico or any other institution designated by the corrections department for the confinement of adult prisoners.

As used in this section, "contraband" means:

(1) a deadly weapon, as defined in Section 30-1-12 NMSA 1978, or an essential component part thereof, including ammunition, explosive devices and explosive materials, but does not include a weapon carried by a peace officer in the lawful discharge of duties;

(2) currency brought onto the grounds of the e e 17 institution for the purpose of transfer to a prisoner, but does e e n d 18 not include currency carried into areas designated by the = = l ] 19 warden as areas for the deposit and receipt of currency for a l r i 20 credit to a prisoner's account before contact is made with the t e a t prisoner;

m m 21 e d r e 22 (3) an alcoholic beverage;

c e r c 23 (4) a controlled substance, as defined in the e a n b 24 Controlled Substances Act, but does not include a controlled u [ substance carried into a prison through regular prison channels .209537.1SA - 3 - and pursuant to the direction or prescription of a regularly licensed physician;

or (5) an electronic communication or recording device brought onto the grounds of the institution for the purpose of transfer to or use by a prisoner.

D.

(1)e "drone"e means17 an(1) unmanned,"contraband" powered,means: aerial vehicle that:

e e n d 18 [(1)] (a) a deadly weapon, as defined in = = l ] 19 Section 30-1-12 NMSA 1978, or an essential component part a l r i 20 thereof, including ammunition, explosive devices and explosive t e a t materials, but does not include a weapon carried by a peace m m 21 e d officer in the lawful discharge of duties;

r e 22 c e r c 23 [(2)] (b) currency brought onto the e a n b 24 grounds of the institution for the purpose of transfer to a u [ prisoner, but does not include currency carried into areas .210108.1 - 3 - SPAC/SB 166 designated by the warden as areas for the deposit and receipt of currency for credit to a prisoner's account before contact is made with the prisoner;

[(3)] (c) an alcoholic beverage;

[(4)] (d) a controlled substance, as defined in the Controlled Substances Act, but does not include a controlled substance carried into a prison through regular prison channels and pursuant to the direction or prescription of a regularly licensed physician;

or [(5)] (e) an electronic communication or recording device brought onto the grounds of the institution for the purpose of transfer to or use by a prisoner;

[D.

As used in this section ] (2) "drone" means an unmanned, powered, aerial vehicle that:

e e 17 (b) uses aerodynamic forces to provide e e n d 18 vehicle lift;

= = l ] 19 (c) can fly autonomously or be piloted a l r i 20 remotely;

and t e a t (d) can be expendable or recoverable;

m m 21 e d and (2)r e 22 c e r c 23 (3) "electronic communication or recording e ea 17n b 24 device" means any type of instrument, device, machine or eu e[ n d 18 equipment that is designed to transmit or receive telephonic, =.210108.1 =- l4 ]- 19SPAC/SB 166 electronic, digital, cellular, satellite or radio signals or a l r i 20 communications or that is designed to have sound or image t e a t recording abilities or any part or component of such m m 21 e d r e 22 instrument, device, machine or equipment.

"Electronic c e r c 23 communication or recording device" does not include a device e a n b 24 that is or will be used by prison or jail personnel in the u [ regular course of business or that is otherwise authorized by .209537.1SA - 4 - the warden.