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PRIOR PRINTER'S NO. 1672
PRINTER'S NO. 2167
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1346
Session of
2017
INTRODUCED BY PYLE, ROZZI, PICKETT, SOLOMON, MARSHALL,
BERNSTINE, RYAN, CAUSER, SCHLOSSBERG, MILLARD, D. COSTA,
O'NEILL, READSHAW, B. MILLER, WARD, JAMES, IRVIN, GROVE,
OBERLANDER, KNOWLES, WATSON, C. QUINN, JOZWIAK, KAUFFMAN,
COOK, WHEELAND AND GILLEN, MAY 8, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
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,
prohibiting local regulation of unmanned aircraft.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3505. Unlawful use 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 aircraft 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
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person in reasonable fear of bodily injury.
(3) To deliver DELIVER , provide, transmit or furnish
contraband in violation of section 5123 (relating to
contraband) or 61 Pa.C.S. § 5902 (relating to contraband
prohibited).
(b) Separate violations.--A separate violation under
subsection (a)(1) or (2) shall occur:
(1) for each victim of an offense under subsection (a)
(1) or (2) under the same or similar circumstances pursuant
to one scheme or course of conduct, whether at the same or a
different time; or
(2) if a person is a victim of an offense under
subsection (a)(1) or (2) on more than one occasion during a
separate course of conduct, either individually or otherwise.
(c) Penalties.--
(1) A violation of subsection (a)(1) or (2) is a
misdemeanor of the third degree if there is more than one
violation. Otherwise, a violation of subsection (a)(1) or (2)
is a summary offense.
(2) An offense under subsection (a)(3) shall be graded
as a felony of the second degree.
(B) GRADING.--THE OFFENSE OF UNLAWFUL USE OF UNMANNED
AIRCRAFT SHALL BE GRADED AS FOLLOWS:
(1) AN OFFENSE UNDER SUBSECTION (A)(1) OR (2) IS A
SUMMARY OFFENSE PUNISHABLE BY A FINE OF UP TO $300.
(2) AN OFFENSE UNDER SUBSECTION (A)(3) IS A FELONY OF
THE SECOND DEGREE.
(d) (C) Exceptions for law enforcement officers.--Subsection
(a) shall not apply if the conduct proscribed under subsection
(a) is committed by any of the following:
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(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:
(1) Firefighters, as defined in section 2 of the act of
December 16, 1998 (P.L.980, No.129), known as the Police
Officer, Firefighter, Correction Employee and National Guard
Member Child Beneficiary Education Act, or special fire
police, as provided for in 35 Pa.C.S. Ch. 74 Subch. D
(relating to special fire police), engaged in the performance
of their official firefighting or fire police duties.
(2) Emergency medical responders, as defined in 35
Pa.C.S. § 8103 (relating to definitions), engaged in the
performance of their official duties.
(3) An employee or agent of an electric, water, natural
gas or other utility while engaged in the performance of the
employee's or agent's official duties.
(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
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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.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Bodily injury." As defined in section 2301 (relating to
definitions).
"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
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.
"Private place." A place where a person has a reasonable
expectation of privacy.
"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
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the possibility of direct human intervention from within or on
the aircraft.
Section 2. Title 53 is amended by adding a section to read:
§ 305 . Local regulation of unmanned aircraft prohibited.
(a) Preemption.--The provisions of 18 Pa.C.S. § 3505
(relating to unlawful use of unmanned aircraft) shall preempt
and supersede any ordinance, resolution, rule or other enactment
of a municipality regulating the ownership or operation of
unmanned aircraft. As of the effective date of this section, a
municipality shall not regulate the ownership or operation of
unmanned aircraft unless expressly authorized by statute.
(b) Municipal use.--Nothing under 18 Pa.C.S. § 3505 shall
prohibit a municipality from using unmanned aircraft within the
boundaries of the municipality for municipal purposes and
regulating that use.
(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
authority and any entity formed pursuant to Ch. 23 Subch. A
(relating to intergovernmental cooperation).
Section 3. This act shall take effect in 90 days.
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