RDCSB141 427 4830
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)]
SB 141 Reengrossed 2016 Regular Session Claitor
Present law, relative to criminal trespass, 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 upon immovable property" and "remain in or 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.
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 or engaged in agricultural commercial operations.
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.
Senate Floor Amendments to engrossed bill
1. Legislative Bureau amendments.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Delete proposed exemption from liability for damages to an unmanned aircraft
system (UAS) by the owner of the immovable property or any person lawfully
on the property.
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2. Delete proposed law provisions allowing certain persons to retain possession of
the UAS.
3. Create exception to the crime of unlawful use of an unmanned aircraft system for
"agricultural commercial operations" as defined in present law.
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