The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 141 Engrossed 2016 Regular Session Claitor
Present law provides relative to criminal trespass.
Present law provides that no person is allowed to enter upon immovable property owned by another,
or remain in or upon property owned by another, without express, legal, or implied authorization.
Proposed law retains present law and adds the following definitions for purposes of present law:
(1)"Enter on immovable property" and "remain upon property" include the operation of an
unmanned aircraft system in the air space over immovable property owned by another with
the intent to conduct surveillance of the property or of any individual lawfully on the
property.
(2)"Unmanned aircraft system" (UAS) means an aircraft that is operated without the possibility
of direct human intervention from on or within the aircraft.
Proposed law provides that neither the owner of the real property nor any person lawfully on the
property is answerable in damages to the owner of any UAS that is captured or disabled while being
operated in violation of proposed law. Proposed law further provides that the property owner or any
person lawfully on the property may retain possession of any UAS that is captured or disabled while
being operated in violation of proposed law without liability to the owner of the UAS.
Present law provides relative to the crime of unlawful use of an unmanned aircraft system.
Present law provides that present law relative to the crime of unlawful use of an unmanned aircraft
system applies unless it is preempted by applicable federal law or by regulations adopted by the
Federal Aviation Administration.
Proposed law deletes this provision of present law and adds that present law relative to the crime of
unlawful use of an unmanned aircraft system does not apply to any person operating an unmanned
aircraft system in compliance with Federal Aviation Administration (FAA) regulations or
authorization.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:63(B) and (C) and 337(D))
Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Provide relative to federal preemption of the crime of unlawful use of an unmanned
aircraft system.