Louisiana 2014 2014 Regular Session

Louisiana House Bill HB1029 Comm Sub / Analysis

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Prepared by Alden A. Clement, Jr.
Landry	HB No. 1029
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIME.  Creates the crime of unlawful aiming of a laser at an aircraft.
DIGEST
Proposed law creates the crime of unlawful use of an unmanned aircraft system, which is
defined as the intentional use of an unmanned aircraft system to conduct surveillance of,
gather evidence or collect information about, or photographically or electronically record a
targeted facility without the prior written consent of the owner of the targeted facility.
Proposed law defines "unmanned aircraft system" as an unmanned, powered aircraft that
does not carry a human operator, can be autonomous or remotely piloted or operated, and can
be expendable or recoverable, but does not include:
1.A satellite orbiting the earth.
2.An unmanned aircraft system used by the federal government or a person who is
acting pursuant to contract with the federal government to conduct surveillance of
specific activities.
3. An unmanned aircraft system used by the state government or a person who is acting
pursuant to a contract with the state government to conduct surveillance of specific
activities.
4. An unmanned aircraft system used by a local government law enforcement agency.
Proposed law defines "targeted facility" as any of the following systems:
1. Petroleum and alumina refineries.
2. Chemical and rubber manufacturing facilities.
3. Nuclear power electric generation facilities.
Proposed law defines "federal government" as the United States of America and any
department, agency, or instrumentality thereof.
Proposed law defines "state government" as the state of Louisiana and any department,
agency, or instrumentality thereof.
Proposed law provides that proposed law does not prohibit a person from using an unmanned
aircraft system to conduct surveillance of, gather evidence or collect information about, or
photographically or electronically record his own property that is:
1. Located on his own immovable property.
2. Located on immovable property owned by another under a valid lease, servitude,
right-of-way, right of use, permit, license, or other right.
Proposed law provides that third persons retained by the owner of the property described in
these exceptions to proposed law are not to be prohibited from using an unmanned aircraft
system to conduct the activities described in proposed law.
Proposed law provides that whoever commits the crime of unlawful use of an unmanned
aircraft system is to be fined up to $500, or imprisoned up to six months, or both.  Proposed
law further provides that on a conviction for a second or subsequent offense, the offender is Page 2 of 2
Prepared by Alden A. Clement, Jr.
to be fined between $500 and $2,000, imprisoned with or without hard labor for between six
months and one year, or both.
Proposed law defines the crime of unlawful aiming of a laser at an aircraft as the intentional
projection of a laser on or at an aircraft or at the flight path of an aircraft in the aircraft
jurisdiction of the state of Louisiana.
Proposed law defines "laser" and "police officer".
Proposed law provides penalties of imprisonment with or without hard labor for not less than
one nor more than five years, and a fine of $2,000. For second or subsequent offenses, the
offender shall be imprisoned with or without hard labor for not less than two years nor more
than ten years and shall be fined $4,000.
Proposed law would be effective and apply only if not preempted by federal law.
(Adds R.S. 14:336 and 337)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Create crime of unlawful use of an unmanned aircraft system.