HCS/SS#2/SCS/SB 194 - Currently, a person commits the offense of possession of unlawful items in a prison or jail if the person possesses, delivers, deposits, or conceals certain items in a prison or jail. This act adds two-way telecommunications devices and their component parts to the list of prohibited items. A violation of the provisions of this act are punished as a Class E felony. This act does not apply to law enforcement officers lawfully engaged in their duties or any person who is authorized to use such a device in the facility. A non-inmate posses certain items in a correctional center or jail if there is no intent to conceal a device. If such a person fails to comply with an order to surrender such item, that person shall be guilty of a Class A misdemeanor. This act creates the offense of unlawful use of unmanned aircraft, which is committed when a person operates an unmanned aircraft below an altitude of three hundred feet of a facility or within the property line of the facility. This offense is also committed if a person uses an unmanned aircraft to deliver a controlled substance or object that may be used to harm an offender, patient, or employee of a facility. What property constitute a facility for purpsoes of this offense is detailed in the act.
This act shall not apply to certain individuals acting in the course of their official duties or to public utilities or rural electric cooperatives under certain circumstances, as described in this act.
Under this act every facility shall post a shall post an eleven by fourteen inch sign warning of the provisions of this act.
The offense of unlawful use of unmanned aircraft is punished as an infraction, or as a Class B felony if the person operating the unmanned aircraft was delivering an article that may be used to harm a person in facility. Also, if the use of the unmanned aircraft was to facilitate an escape from commitment, detention, or conditional release, and if the person operating the unmanned aircraft was delivering a controlled substance, then it shall be punished as a Class D felony.
This act is similar to HCS/HB 324 (2019).
CHARLEY MERRIWEATHER