Louisiana 2014 2014 Regular Session

Louisiana House Bill HB1029 Comm Sub / Analysis

                    Terry Landry (HB 1029)	Act No. 661
New 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.
New law defines "laser" and "police officer".
New 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.
New 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.
New 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 any of the following:
(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
or fire department.
New 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.
Provides that new 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 either:
(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.
New law provides that third persons retained by the owner of the property described in these
exceptions to new law are not to be prohibited from using an unmanned aircraft system to
conduct the activities described in new law.
New law applies only if not preempted by federal law.
New law provides that whoever commits the crime of unlawful use of an unmanned aircraft
system shall be fined up to $500, imprisoned up to six months, or both.  New law further
provides that on a conviction for a second or subsequent offense, the offender shall be fined
not less than $500 nor more than $2,000, imprisoned with or without hard labor for between
six months and one year, or both. New law provides an exception for unmanned aircraft systems used for motion picture,
television, or similar production where filming is authorized by the property owner.
Effective Aug. 1, 2014.
(Adds R.S. 14:336 and 337)