DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 19 Engrossed 2016 Regular Session Dwight
Abstract: Prohibits the use of an unmanned aircraft system to conduct surveillance of, gather
evidence, collect information about, or photographically or electronically record a school,
school premises, or correctional facilities.
Present law prohibits the use of an unmanned aircraft system to conduct surveillance of, gather
evidence, collect information about, or photographically or electronically record a targeted facility
without the prior written consent of the owner of any petroleum and alumina refinery, any chemical
and rubber manufacturing facility, and any nuclear power electric generation facilities.
Present law provides for the following penalties for this offense:
(1)First offense - fine of not more than $500, imprisonment for not more than six months,
or both.
(2)Second or subsequent offense - fine of not less than $500 nor more than $2,000,
imprisonment for not less than six months nor more than one year, or both.
Proposed law retains present law and adds as an element of crime the intentional use of an
unmanned aircraft system over the grounds of a state or local jail, prison, or other correctional
facility that incarcerates or detains juveniles or adults without the express written consent of the
person in charge of that state or local jail, prison, or other correctional facility as an element of
the crime.
Proposed law adds penalties as follows for violations of present law involving those correctional
facilities:
(1)First offense - fine of not more than $2,000, imprisonment for not more than six months,
or both.
(2)Second or subsequent offense - fine of not less than $2,000 nor more than $5,000,
imprisonment with or without hard labor for not more than one year, or both.
Proposed law expands present law to prohibit the use of an unmanned aircraft system to conduct
surveillance of, gather evidence, collect information about, or photographically or electronically
record a school or school premises. Provides that proposed law shall not apply to:
(1)Any person operating an unmanned aircraft vehicle or unmanned aircraft system in
compliance with Federal Aviation Administration authorization or regulations.
(2)An unmanned aircraft system used by the Louisiana PSC or by a local franchising
authority or the FCC under the Cable Reregulation Act of 1992 or of a municipal or public
utility, while acting in the course and scope of his employment or agency relating to the
operation, repair, or maintenance of a facility, servitude, or any property located on the
immovable property which belongs to such a business.
Proposed law defines "school" as any public or nonpublic elementary, secondary, high school,
vocational-technical school, college, special, or postsecondary school or institution, or university
in this state; and defines "school premises" as any property used for school purposes, including
but not limited to school buildings, playgrounds, and parking lots.
(Amends R.S. 14:337(A), (D), and (E); Adds R.S. 14:337(B)(3)(d) and (4)(e))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Adds use of unmanned aircraft over correctional facilities as an element of the crime
and increases penalties for those offenses.
2. Adds exception for any person operating an unmanned aircraft vehicle or unmanned
aircraft system in compliance with Federal Aviation Administration authorization or
regulations.
3. Adds exception for PSC and FCC maintenance.