Hawaii 2023 Regular Session

Hawaii House Bill HB128 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 128 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO UNMANNED AIRCRAFT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 128
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO UNMANNED AIRCRAFT.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . UNMANNED AIRCRAFT §711-A Definitions. As used in this part: "Aircraft" means any device, craft, vehicle, or contrivance that is invented, used, or designed to navigate, fly, or travel in the air, or that is used or intended to be used for flight in the air. "Bodily injury" has the same meaning as provided in section 707-700. "Contraband" has the same meaning as provided in section 710-1023. "Dangerous instrument" has the same meaning as provided in section 707-700. "Drug" has the same meaning as provided in section 710‑1022. "Electric gun" has the same meaning as provided in section 134-81. "Explosive" means a device composed of a single ingredient, or mixture of ingredients, capable of instantaneously releasing a sufficient amount of energy to inflict substantial damage to persons or property, and includes fireworks as defined in section 132D-2. "Firearm" has the same meaning as provided in section 134‑1. "Intoxicant" has the same meaning as provided in section 291E-1. "Prison" includes jails, prisons, correctional centers, correctional facilities, and detention centers. "Serious bodily injury" has the same meaning as provided in section 707-700. "Substantial bodily injury" has the same meaning as provided in section 707-700. "Unmanned aircraft" means any aircraft that is operated or designed to be operated without a person in or on the aircraft, or without the possibility of direct human intervention from within or on the aircraft. "Under the influence" has the same meaning as provided in section 291E-1; provided that the term "unmanned aircraft" shall be substituted for the term "vehicle" as used therein. "Weapon of mass destruction" means any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or other precursors, and includes any weapon involving a biological agent, toxin, or vector and any weapon designed to release radiation or radioactivity at a level dangerous to human life. §711-B Misuse of unmanned aircraft in the first degree. (1) A person commits the offense of misuse of unmanned aircraft in the first degree if the person intentionally or knowingly: (a) Equips or arms an unmanned aircraft with a firearm, explosive, electric gun, or weapon of mass destruction; (b) Possesses, receives, transfers, operates, or produces an unmanned aircraft that is equipped or armed with a firearm, explosive, electric gun, or weapon of mass destruction; (c) Discharges or deploys a firearm, explosive, electric gun, or weapon of mass destruction using an unmanned aircraft; (d) Operates an unmanned aircraft and thereby intentionally, knowingly, or recklessly interferes with or disrupts the operation of any manned aircraft; (e) Uses an unmanned aircraft to transport and introduce, or to attempt to introduce, contraband, drugs, or dangerous instruments into a prison; (f) Uses an unmanned aircraft in furtherance of the commission of a felony; or (g) Operates an unmanned aircraft and thereby causes serious bodily injury to another person. (2) Misuse of unmanned aircraft in the first degree is a class A felony. (3) Subsection (1)(a), (b), (c), (d), and (g) shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government. §711-C Misuse of unmanned aircraft in the second degree. (1) A person commits the offense of misuse of unmanned aircraft in the second degree if the person intentionally or knowingly: (a) Disables any required identification transmission or signaling of an unmanned aircraft; (b) Disables or obscures any anti-collision lighting of an unmanned aircraft or fails to have or illuminate the lighting as required by law or by the rules, regulations, and orders of the Federal Aviation Administration; (c) Operates an unmanned aircraft and thereby causes substantial bodily injury to another person; or (d) Operates an unmanned aircraft and thereby damages the property of another, without the others consent, in an amount exceeding $20,000. (2) Misuse of unmanned aircraft in the second degree is a class B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853. (3) This section shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government. §711-D Misuse of unmanned aircraft in the third degree. (1) A person commits the offense of misuse of unmanned aircraft in the third degree if the person intentionally, knowingly, or recklessly: (a) Removes, obliterates, alters, or tampers with the identification or registration number of an unmanned aircraft; (b) Operates an unmanned aircraft and thereby obstructs, impairs or hinders the performance of a police officer, deputy sheriff, or firefighter acting under color of their official authority; (c) Operates an unmanned aircraft and thereby causes bodily injury to another person; (d) Operates an unmanned aircraft and thereby damages the property of another, without the others consent, in an amount exceeding $750; (e) Operates an unmanned aircraft while under the influence of an intoxicant; (f) Operates an unmanned aircraft after the persons license, certificate, or privilege to operate an unmanned aircraft has been revoked, suspended, or otherwise restricted by the issuing governmental authority. (2) Misuse of unmanned aircraft in the third degree is a class C felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853. (3) This section shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government." SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by designating sections 711-1100 to 711-1112 as part I, entitled "General Provisions". SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
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51	51	"Part . UNMANNED AIRCRAFT
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53	53	§711-A Definitions. As used in this part:
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55	55	"Aircraft" means any device, craft, vehicle, or contrivance that is invented, used, or designed to navigate, fly, or travel in the air, or that is used or intended to be used for flight in the air.
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57	57	"Bodily injury" has the same meaning as provided in section 707-700.
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59	59	"Contraband" has the same meaning as provided in section 710-1023.
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61	61	"Dangerous instrument" has the same meaning as provided in section 707-700.
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63	63	"Drug" has the same meaning as provided in section 710‑1022.
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65	65	"Electric gun" has the same meaning as provided in section 134-81.
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67	67	"Explosive" means a device composed of a single ingredient, or mixture of ingredients, capable of instantaneously releasing a sufficient amount of energy to inflict substantial damage to persons or property, and includes fireworks as defined in section 132D-2.
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69	69	"Firearm" has the same meaning as provided in section 134‑1.
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71	71	"Intoxicant" has the same meaning as provided in section 291E-1.
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73	73	"Prison" includes jails, prisons, correctional centers, correctional facilities, and detention centers.
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75	75	"Serious bodily injury" has the same meaning as provided in section 707-700.
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77	77	"Substantial bodily injury" has the same meaning as provided in section 707-700.
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79	79	"Unmanned aircraft" means any aircraft that is operated or designed to be operated without a person in or on the aircraft, or without the possibility of direct human intervention from within or on the aircraft.
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81	81	"Under the influence" has the same meaning as provided in section 291E-1; provided that the term "unmanned aircraft" shall be substituted for the term "vehicle" as used therein.
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83	83	"Weapon of mass destruction" means any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or other precursors, and includes any weapon involving a biological agent, toxin, or vector and any weapon designed to release radiation or radioactivity at a level dangerous to human life.
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85	85	§711-B Misuse of unmanned aircraft in the first degree. (1) A person commits the offense of misuse of unmanned aircraft in the first degree if the person intentionally or knowingly:
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87	87	(a) Equips or arms an unmanned aircraft with a firearm, explosive, electric gun, or weapon of mass destruction;
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89	89	(b) Possesses, receives, transfers, operates, or produces an unmanned aircraft that is equipped or armed with a firearm, explosive, electric gun, or weapon of mass destruction;
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91	91	(c) Discharges or deploys a firearm, explosive, electric gun, or weapon of mass destruction using an unmanned aircraft;
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93	93	(d) Operates an unmanned aircraft and thereby intentionally, knowingly, or recklessly interferes with or disrupts the operation of any manned aircraft;
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95	95	(e) Uses an unmanned aircraft to transport and introduce, or to attempt to introduce, contraband, drugs, or dangerous instruments into a prison;
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97	97	(f) Uses an unmanned aircraft in furtherance of the commission of a felony; or
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99	99	(g) Operates an unmanned aircraft and thereby causes serious bodily injury to another person.
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101	101	(2) Misuse of unmanned aircraft in the first degree is a class A felony.
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103	103	(3) Subsection (1)(a), (b), (c), (d), and (g) shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.
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105	105	§711-C Misuse of unmanned aircraft in the second degree. (1) A person commits the offense of misuse of unmanned aircraft in the second degree if the person intentionally or knowingly:
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107	107	(a) Disables any required identification transmission or signaling of an unmanned aircraft;
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109	109	(b) Disables or obscures any anti-collision lighting of an unmanned aircraft or fails to have or illuminate the lighting as required by law or by the rules, regulations, and orders of the Federal Aviation Administration;
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111	111	(c) Operates an unmanned aircraft and thereby causes substantial bodily injury to another person; or
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113	113	(d) Operates an unmanned aircraft and thereby damages the property of another, without the others consent, in an amount exceeding $20,000.
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115	115	(2) Misuse of unmanned aircraft in the second degree is a class B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
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117	117	(3) This section shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.
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119	119	§711-D Misuse of unmanned aircraft in the third degree. (1) A person commits the offense of misuse of unmanned aircraft in the third degree if the person intentionally, knowingly, or recklessly:
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121	121	(a) Removes, obliterates, alters, or tampers with the identification or registration number of an unmanned aircraft;
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123	123	(b) Operates an unmanned aircraft and thereby obstructs, impairs or hinders the performance of a police officer, deputy sheriff, or firefighter acting under color of their official authority;
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125	125	(c) Operates an unmanned aircraft and thereby causes bodily injury to another person;
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127	127	(d) Operates an unmanned aircraft and thereby damages the property of another, without the others consent, in an amount exceeding $750;
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129	129	(e) Operates an unmanned aircraft while under the influence of an intoxicant;
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131	131	(f) Operates an unmanned aircraft after the persons license, certificate, or privilege to operate an unmanned aircraft has been revoked, suspended, or otherwise restricted by the issuing governmental authority.
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133	133	(2) Misuse of unmanned aircraft in the third degree is a class C felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
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135	135	(3) This section shall not apply to any police officer, deputy sheriff, or firefighter acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government."
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137	137	SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by designating sections 711-1100 to 711-1112 as part I, entitled "General Provisions".
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139	139	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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141	141	SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
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143	143	SECTION 5. This Act shall take effect upon its approval.
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147	147	INTRODUCED BY: _____________________________
148	148	By Request
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150	150	INTRODUCED BY:
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152	152	_____________________________
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156	156	By Request
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158	158	Report Title: Honolulu Prosecuting Attorney Package; Unmanned Aircraft; Criminal Offenses Description: Establishes the felony offenses of misuse of unmanned aircraft in the 1st, 2nd, and 3rd degrees. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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164	164	Report Title:
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166	166	Honolulu Prosecuting Attorney Package; Unmanned Aircraft; Criminal Offenses
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172	172	Description:
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174	174	Establishes the felony offenses of misuse of unmanned aircraft in the 1st, 2nd, and 3rd degrees.
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182	182	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.