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| 2 | 2 | | HOUSE DOCKET, NO. 3717 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1488 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michael J. Finn |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to unmanned aerial vehicles. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Finn6th Hampden1/20/2023 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3717 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1488 |
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| 18 | 18 | | By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1488) |
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| 19 | 19 | | of Michael J. Finn relative to penalties for unauthorized use of unmanned aerial vehicles. The |
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| 20 | 20 | | Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1566 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to unmanned aerial vehicles. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Chapter 269 of the General Laws is hereby amended by adding the following section:- |
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| 32 | 32 | | 2 Section 20. (a) As used in this section, the following words shall, unless context clearly |
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| 33 | 33 | | 3requires otherwise, have the following meanings:- |
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| 34 | 34 | | 4 “Critical infrastructure facility”, if completely enclosed by a fence or other physical |
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| 35 | 35 | | 5barrier designed to exclude intruders, or if marked with a sign conspicuously posted on the |
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| 36 | 36 | | 6property that indicates that entry is forbidden: (i) a petroleum or alumina refinery; (ii) an |
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| 37 | 37 | | 7electrical power generating facility, substation, switching station or electrical control center; (iii) |
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| 38 | 38 | | 8a chemical, polymer or rubber manufacturing facility; (iv) a water intake structure, water |
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| 39 | 39 | | 9treatment facility, wastewater treatment plant or pump station; (v) a natural gas compressor 2 of 3 |
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| 40 | 40 | | 10station; (vi) a liquid natural gas terminal or storage facility; (vii) a telecommunications central |
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| 41 | 41 | | 11switching office; (viii) a port, railroad switching yard, trucking terminal or other freight |
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| 42 | 42 | | 12transportation facility; (ix) a gas processing plant, including a plant used in the processing, |
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| 43 | 43 | | 13treatment or fractionation of natural gas; (x) a transmission facility used by a federally licensed |
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| 44 | 44 | | 14radio or television station; (xi) a steelmaking facility that uses an electric arc furnace to make |
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| 45 | 45 | | 15steel; (xii) any portion of an aboveground oil, gas or chemical pipeline; or (xiii) a correctional |
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| 46 | 46 | | 16facility or law enforcement facility. |
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| 47 | 47 | | 17 “Unmanned aerial vehicle”, an aircraft that is operated without the possibility of direct |
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| 48 | 48 | | 18human intervention from within or on the aircraft. |
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| 49 | 49 | | 19 (b) Whoever, without lawful authority, weaponizes an unmanned aerial vehicle or |
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| 50 | 50 | | 20operates a weaponized unmanned aerial vehicle shall be punished by imprisonment in the state |
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| 51 | 51 | | 21prison for not less than 3 years nor more than 20 years or imprisonment in the house of |
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| 52 | 52 | | 22correction for not less than 6 months nor more than 2 ½ years, or by fine of not less than $1,000 |
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| 53 | 53 | | 23nor more than $50,000, or by both such fine and imprisonment. |
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| 54 | 54 | | 24 (c) Whoever willfully uses an unmanned aerial vehicle to photograph, videotape or |
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| 55 | 55 | | 25electronically surveil another person when the other person in such place and circumstance |
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| 56 | 56 | | 26would have a reasonable expectation of privacy in not being so photographed, videotaped or |
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| 57 | 57 | | 27electronically surveilled, and without that person's knowledge and consent, shall be punished by |
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| 58 | 58 | | 28imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more |
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| 59 | 59 | | 29than $5,000, or by both such fine and imprisonment. |
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| 60 | 60 | | 30 (d) Whoever, without lawful authority, willfully uses an unmanned aerial vehicle to |
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| 61 | 61 | | 31photograph, videotape or electronically surveil a critical infrastructure facility, shall be punished 3 of 3 |
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| 62 | 62 | | 32by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more |
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| 63 | 63 | | 33than $5,000, or by both such fine and imprisonment. |
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