HB 1898 Creates the offense of unlawful use of unmanned aircraft over certain facilities

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 1898 - This act creates the offense of unlawful use of unmanned aircraft over certain facilities.

OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A CORRECTIONAL CENTER (SECTION 217.850)

Under this act, a person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely:

• Operates an unmanned aircraft within a vertical distance of 400 feet over a correctional center's secure perimeter fence; or

• Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility.

The act sets forth exceptions to when use of an unmanned aircraft over a correctional center shall not be prohibited.

The offense of unlawful use of an unmanned aircraft over a correctional center is punishable as an infraction unless the person using the unmanned aircraft is:

• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony;

• Facilitating an escape from confinement, in which case the offense is a class C felony; or

• Delivering a controlled substance, in which case the offense is a class D felony.

OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER AN OPEN AIR FACILITY (SECTION 577.800)

A person commits the offense of unlawful use of unmanned aircraft over an open air facility if he or she purposely:

• Operates an unmanned aircraft within a vertical distance of 400 feet from the ground and within the property line of an open air facility; or

• Uses an unmanned aircraft with the purpose of delivering to a person within an open air facility a gun, knife, weapon, or other dangerous article or a controlled substance.

The act sets forth exceptions to when use of an unmanned aircraft over an open air facility shall not be prohibited.

The offense of unlawful use of an unmanned aircraft over an open air facility is punishable as a class A misdemeanor unless the person using the unmanned aircraft is:

• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an employee or guest at such a facility, in which case the offense is a Class B felony; or

• Delivering a controlled substance, in which case the offense is a Class D felony.

OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A MENTAL HEALTH HOSPITAL (SECTION 632.460)

A person commits the offense of unlawful use of unmanned aircraft over a mental health hospital if he or she purposely:

• Operates an unmanned aircraft within a vertical distance of 400 feet over the mental health hospital's property line; or

• Uses an unmanned aircraft to deliver to a person confined in a mental health hospital a gun, knife, weapon, or other dangerous article or a controlled substance.

The act sets forth exceptions to when use of an unmanned aircraft over a mental health hospital shall not be prohibited.

The offense of unlawful use of an unmanned aircraft over a mental health hospital is punishable as an infraction unless the person using the unmanned aircraft is:

• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of a patient or mental health center employee, in which case the offense is a Class B felony;

• Facilitating an escape from confinement, in which case the offense is a Class C felony; or

• Delivering a controlled substance, in which case the offense is a Class D felony.

This act is substantially similar to SB 778 (2020) and similar to SB 194 (2019).

MARY GRACE BRUNTRAGER


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