| 22 | | - | (b) Except as otherwise provided by law, no person, except a law enforcement officer performing his or her duties, shall operate or use any computer software or other technology, including, but not limited to, an unmanned aerial vehicle, that allows such person, when not physically present, to release tear gas or any like or similar deleterious agent or to remotely control a deadly weapon, as defined in section 53a-3 of the general statutes, or an explosive or incendiary device, as defined in section 53-206b of the general statutes. |
|---|
| 34 | + | Sec. 2. (NEW) (Effective October 1, 2017) (a) Except as provided in sections 3 and 10 of this act or otherwise provided by law, no person, except a person performing his or her duties as a law enforcement officer, shall operate or use any computer software or other technology, including, but not limited to, an unmanned aerial vehicle, that allows a person, when not physically present, to release tear gas or any like or similar deleterious agent or to remotely control a deadly weapon, as defined in section 53a-3 of the general statutes, or an explosive or incendiary device, as defined in section 53-206b of the general statutes. |
|---|
| 26 | | - | Sec. 2. (NEW) (Effective October 1, 2017) (a) A person is guilty of reckless endangerment with an unmanned aerial vehicle in the first degree when, with extreme indifference to human life, such person recklessly collides an unmanned aerial vehicle into an aircraft or a motor vehicle, creating a risk of serious physical injury to another person. For purposes of this section, "recklessly" and "serious physical injury" have the same meanings as provided in section 53a-3 of the general statutes, "unmanned aerial vehicle" has the same meaning as provided in section 1 of this act, "aircraft" has the same meaning as provided in section 15-34 of the general statutes, as amended by this act, and "motor vehicle" means a passenger or commercial motor vehicle or a motorcycle, as defined in section 14-1 of the general statutes, and includes construction equipment, agricultural tractors and farm implements. |
|---|
| 38 | + | Sec. 3. (NEW) (Effective October 1, 2017) (a) No person who, as part of his or her duties as a law enforcement officer, operates an unmanned aerial vehicle, shall operate any such vehicle if such vehicle is equipped with tear gas or any like or similar deleterious agent or a deadly weapon, as defined in section 53a-3 of the general statutes, including, but not limited to, any explosive or incendiary device, as defined in section 53-206b of the general statutes. The provisions of this subsection shall not apply to a person who, as part of his or her duties as a law enforcement officer, operates an unmanned aerial vehicle that is equipped with explosive detection, detonation or disposal equipment, provided such law enforcement officer is authorized by the federal or state government to detect, detonate and dispose of explosives and is engaged in such detection, detonation or disposal. |
|---|
| 30 | | - | Sec. 3. (NEW) (Effective October 1, 2017) (a) A person is guilty of reckless endangerment with an unmanned aerial vehicle in the second degree when such person recklessly collides an unmanned aerial vehicle into an aircraft or a motor vehicle, which creates a risk of physical injury to another person. For purposes of this section, "recklessly" and "physical injury" have the same meanings as provided in section 53a-3 of the general statutes, "unmanned aerial vehicle" has the same meaning as provided in section 1 of this act, "aircraft" has the same meaning as provided in section 15-34 of the general statutes, as amended by this act, and "motor vehicle" means a passenger or commercial motor vehicle or a motorcycle, as defined in section 14-1 of the general statutes, and includes construction equipment, agricultural tractors and farm implements. |
|---|
| 42 | + | Sec. 4. (NEW) (Effective October 1, 2017) (a) A person is guilty of reckless endangerment with an unmanned aerial vehicle in the first degree when, with extreme indifference to human life, such person recklessly collides an unmanned aerial vehicle into an aircraft or a motor vehicle, creating a risk of serious physical injury to another person. For purposes of this section, "recklessly" and "serious physical injury" have the same meanings as provided in section 53a-3 of the general statutes, "unmanned aerial vehicle" has the same meaning as provided in section 1 of this act, "aircraft" has the same meaning as provided in section 15-34 of the general statutes, as amended by this act, and "motor vehicle" means a passenger or commercial motor vehicle or a motorcycle, as defined in section 14-1 of the general statutes, and includes construction equipment, agricultural tractors and farm implements. |
|---|
| 40 | | - | (a) A person is guilty of voyeurism when, (1) with malice, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (3) with the intent to arouse or satisfy the sexual desire of such person, commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or cursory manner, another person (A) without the knowledge or consent of such other person, (B) while such other person is inside a dwelling, as defined in section 53a-100, and not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, or (4) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the genitals, pubic area or buttocks of another person or the undergarments or stockings that clothe the genitals, pubic area or buttocks of another person (A) without the knowledge and consent of such other person, and (B) while such genitals, pubic area, buttocks, undergarments or stockings are not in plain view. For purposes of this subsection, "not in plain view" includes a view not otherwise obtainable that is made possible through the use of (i) technology that is electronic, as defined in section 1-331, or (ii) an unmanned aerial vehicle, as defined in section 1 of this act. |
|---|
| 52 | + | (5) "Aircraft" means any contrivance used or designed for navigation of or flight in air, including (A) airplanes, meaning power-driven fixed-wing aircraft, heavier than air, supported by the dynamic reaction of the air against their wings, (B) gliders, meaning heavier than air aircraft, the free flight of which does not depend principally upon a power-generating unit, and (C) rotorcraft, meaning power-driven aircraft, heavier than air, supported during flight by one or more rotors. "Aircraft" does not include unmanned aerial vehicles, as defined in section 1 of this act. |
|---|
| 44 | | - | (8) "Offense committed with a deadly weapon" or "offense" means: (A) A violation of subsection (c) of section 2-1e, subsection (e) of section 29-28, subsections (a) to (e), inclusive, or (i) of section 29-33, section 29-34, subsection (a) of section 29-35, section 29-36, 29-36k, 29-37a or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection (b), (c) or (g) of section 53-202, section 53-202b, 53-202c, 53-202j, 53-202k, 53-202l, 53-202aa or 53-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217b or 53a-217c or section 1 of this act, or a second or subsequent violation of section 53-202g; or (B) a violation of any section of the general statutes which constitutes a felony, as defined in section 53a-25, provided the court makes a finding that, at the time of the offense, the offender used a deadly weapon, or was armed with and threatened the use of or displayed or represented by words or conduct that the offender possessed a deadly weapon; |
|---|
| 56 | + | (a) A person is guilty of voyeurism when, (1) with malice, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (3) with the intent to arouse or satisfy the sexual desire of such person, commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or cursory manner, another person (A) without the knowledge or consent of such other person, (B) while such other person is inside a dwelling, as defined in section 53a-100, and not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, or (4) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the genitals, pubic area or buttocks of another person or the undergarments or stockings that clothe the genitals, pubic area or buttocks of another person (A) without the knowledge and consent of such other person, and (B) while such genitals, pubic area, buttocks, undergarments or stockings are not in plain view. For purposes of this subsection, "not in plain view" includes a view not otherwise obtainable that is made possible through the use of technology that is electronic, as defined in section 1-331, or of an unmanned aerial vehicle, as defined in section 1 of this act. |
|---|
| 46 | | - | Sec. 7. (NEW) (Effective October 1, 2017) (a) For the purposes of this section: |
|---|
| 58 | + | Sec. 8. Subsection (a) of section 53a-174 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
|---|
| 59 | + | |
|---|
| 60 | + | (a) (1) Any person not authorized by law who conveys or passes, or causes to be conveyed or passed, into any correctional or humane institution or the grounds or buildings thereof, or to any inmate of such an institution who is outside the premises thereof and known to the person so conveying or passing or causing such conveying or passing to be such an inmate, any controlled drug, as defined in section 21a-240, any intoxicating liquors, any firearm, weapon, dangerous instrument or explosive of any kind, any United States currency, or any rope, ladder or other instrument or device for use in making, attempting or aiding an escape, shall be guilty of a class D felony. The unauthorized conveying, passing or possession of any rope or ladder or other instrument or device, adapted for use in making or aiding an escape, into any such institution or the grounds or buildings thereof, shall be presumptive evidence that it was so conveyed, passed or possessed for such use. |
|---|
| 61 | + | |
|---|
| 62 | + | (2) Any person not authorized by law who operates an unmanned aerial vehicle, as defined in section 1 of this act, to convey or pass, or cause to be conveyed or passed, into any correctional or humane institution or the grounds or buildings thereof, or to any inmate of such an institution who is outside the premises thereof and known to the person so conveying or passing or causing such conveying or passing to be such an inmate, any firearm, weapon, dangerous instrument or explosive of any kind, shall be guilty of a class B felony. |
|---|
| 63 | + | |
|---|
| 64 | + | Sec. 9. Subdivision (8) of subsection (a) of section 54-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
|---|
| 65 | + | |
|---|
| 66 | + | (8) "Offense committed with a deadly weapon" or "offense" means: (A) A violation of subsection (c) of section 2-1e, subsection (e) of section 29-28, subsections (a) to (e), inclusive, or (i) of section 29-33, section 29-34, subsection (a) of section 29-35, section 29-36, 29-36k, 29-37a or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection (b), (c) or (g) of section 53-202, section 53-202b, 53-202c, 53-202j, 53-202k, 53-202l, 53-202aa or 53-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217b or 53a-217c or section 2 or 3 of this act, or a second or subsequent violation of section 53-202g; or (B) a violation of any section of the general statutes which constitutes a felony, as defined in section 53a-25, provided the court makes a finding that, at the time of the offense, the offender used a deadly weapon, or was armed with and threatened the use of or displayed or represented by words or conduct that the offender possessed a deadly weapon; |
|---|
| 67 | + | |
|---|
| 68 | + | Sec. 10. (NEW) (Effective October 1, 2017) (a) For the purposes of this section: |
|---|
| 77 | 97 | | |
|---|
| 78 | 98 | | (2) If such information allows the identity of an individual or privately owned property to be ascertained and there is no probable cause to believe that an offense was committed by the individual or on the property, such law enforcement agency (A) shall destroy such information not later than forty-eight hours after such review, or (B) shall permanently modify such information so that the identity of such individual or such property cannot be ascertained, and, after such modification, may retain the modified information for a period of not more than five years from the date of collection and, after such retention, shall destroy the modified information. |
|---|
| 79 | 99 | | |
|---|
| 80 | 100 | | (3) If such information allows the identity of an individual or privately owned property to be ascertained and there is probable cause to believe that an offense was committed by the individual or on the property, such law enforcement agency may retain such information for a period of not more than five years from the date of collection and, after such retention, shall destroy such information, except that, if a warrant is issued in accordance with section 54-33a of the general statutes based in part on such information, such information may be retained pursuant to the warrant. |
|---|
| 81 | 101 | | |
|---|
| 84 | | - | (g) (1) Not later than January 1, 2018, the Police Officer Standards and Training Council shall develop and promulgate a model policy that provides guidelines on the operation of an unmanned aerial vehicle by a law enforcement officer, including a weaponized unmanned aerial vehicle, and the destruction, modification and retention of information collected by such operation. Upon completion of such model policy, the council shall report such policy, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety. |
|---|
| 104 | + | (g) (1) Not later than January 1, 2018, the Police Officer Standards and Training Council shall develop and promulgate a model policy that provides guidelines on the operation of an unmanned aerial vehicle by a law enforcement officer and the destruction, modification and retention of information collected by such operation. |
|---|
| 87 | 107 | | |
|---|
| 88 | 108 | | (h) Not later than January thirty-first of each year, each law enforcement agency that operated an unmanned aerial vehicle in the preceding calendar year shall prepare a report that includes, but need not be limited to: (1) The number of times the law enforcement agency operated an unmanned aerial vehicle in the preceding calendar year, (2) the type of such operation as categorized in the policy adopted pursuant to subdivision (2) of subsection (g) of this section, (3) whether the unmanned aerial vehicle was operated pursuant to a warrant, and (4) the number of times the type of information collected through the operation of an unmanned aerial vehicle provided reasonable and articulable suspicion that a criminal offense was being committed. The law enforcement agency shall make such report available on the law enforcement agency's Internet web site or the Internet web site of the municipality served by the law enforcement agency. |
|---|
| 89 | 109 | | |
|---|
| 90 | 110 | | |
|---|
| 91 | 111 | | |
|---|
| 92 | 112 | | |
|---|
| 93 | 113 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 94 | 114 | | Section 1 October 1, 2017 New section |
|---|
| 95 | 115 | | Sec. 2 October 1, 2017 New section |
|---|
| 96 | 116 | | Sec. 3 October 1, 2017 New section |
|---|
| 97 | | - | Sec. 4 October 1, 2017 15-34(5) |
|---|
| 98 | | - | Sec. 5 October 1, 2017 53a-189a(a) |
|---|
| 99 | | - | Sec. 6 October 1, 2017 54-280(a)(8) |
|---|
| 100 | | - | Sec. 7 October 1, 2017 New section |
|---|
| 117 | + | Sec. 4 October 1, 2017 New section |
|---|
| 118 | + | Sec. 5 October 1, 2017 New section |
|---|
| 119 | + | Sec. 6 October 1, 2017 15-34(5) |
|---|
| 120 | + | Sec. 7 October 1, 2017 53a-189a(a) |
|---|
| 121 | + | Sec. 8 October 1, 2017 53a-174(a) |
|---|
| 122 | + | Sec. 9 October 1, 2017 54-280(a)(8) |
|---|
| 123 | + | Sec. 10 October 1, 2017 New section |
|---|