Maryland 2024 Regular Session

Maryland Senate Bill SB273 Compare Versions

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1- WES MOORE, Governor Ch. 101
21
3-– 1 –
4-Chapter 101
5-(Senate Bill 273)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0273*
89
9-State and Local Correctional Facilities – Operation of Unmanned Aircraft
10-– Image Recording and Delivery of Contraband
10+SENATE BILL 273
11+E5, E1 4lr0119
12+ (PRE–FILED) CF 4lr0120
13+By: Chair, Judicial Proceedings Committee (By Request – Departmental – Public
14+Safety and Correctional Services)
15+Requested: September 12, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Judicial Proceedings
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: February 22, 2024
1121
12-FOR the purpose of prohibiting a person from intentionally using operating an unmanned
13-aircraft over a correctional facility to record images of a State or local correctional
14-the facility without the authorization of the managing official of the correctional
15-facility or the Secretary of Public Safety and Correctional Services; prohibiting a
16-person from using an unmanned aircraft to deliver contraband to a person detained
17-or confined in a place of confinement; and generally relating to unmanned aircraft
18-and correctional facilities.
22+CHAPTER ______
1923
20-BY adding to
21- Article – Correctional Services
22-Section 8–804
23- Annotated Code of Maryland
24- (2017 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
2525
26-BY adding to
27- Article – Criminal Law
28- Section 9–417.1
29- Annotated Code of Maryland
30- (2021 Replacement Volume and 2023 Supplement)
26+State and Local Correctional Facilities – Operation of Unmanned Aircraft 2
27+– Image Recording and Delivery of Contraband 3
3128
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
29+FOR the purpose of prohibiting a person from intentionally using operating an unmanned 4
30+aircraft over a correctional facility to record images of a State or local correctional 5
31+the facility without the authorization of the managing official of the correctional 6
32+facility or the Secretary of Public Safety and Correctional Services; prohibiting a 7
33+person from using an unmanned aircraft to deliver contraband to a person detained 8
34+or confined in a place of confinement; and generally relating to unmanned aircraft 9
35+and correctional facilities. 10
3436
35-Article – Correctional Services
37+BY adding to 11
38+ Article – Correctional Services 12
39+Section 8–804 13
40+ Annotated Code of Maryland 14
41+ (2017 Replacement Volume and 2023 Supplement) 15
3642
37-8–804.
43+BY adding to 16
44+ Article – Criminal Law 17
45+ Section 9–417.1 18
46+ Annotated Code of Maryland 19
47+ (2021 Replacement Volume and 2023 Supplement) 20
48+ 2 SENATE BILL 273
3849
39- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANIN GS
40-INDICATED.
4150
42- (2) “AIRCRAFT” MEANS A DEVICE THAT IS USED OR INTENDED TO BE
43-USED FOR FLIGHT IN T HE AIR.
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
4453
45- (3) “UNMANNED AIRCRAFT ” MEANS AN AIRCRAFT TH AT IS OPERATED
46-WITHOUT THE POSSIBIL ITY OF DIRECT HUMAN INTERVENTION FROM WI THIN OR ON
47-THE AIRCRAFT.
48- Ch. 101 2024 LAWS OF MARYLAND
54+Article – Correctional Services 3
4955
50-– 2 –
51- (B) A PERSON MAY NOT INTEN TIONALLY PHOTOGRAPH OR OTHERW ISE
52-RECORD IMAGES OF A C ORRECTIONAL FACILITY THROUGH THE USE OF A N
53-UNMANNED AIRCRAFT OPERATE AN UNMANNED AIRCRAFT OVER A CORR ECTIONAL
54-FACILITY FOR THE PUR POSE OF PHOTOGRAPHIN G OR RECORDING IMAGE S OF THE
55-CORRECTIONAL FACILIT Y THROUGH THE USE OF THE UNMANNED AIRCRAF T
56-WITHOUT THE AUTHORIZ ATION OF THE MANAGIN G OFFICIAL OF THE
57-CORRECTIONAL FACILIT Y OR THE SECRETARY.
56+8–804. 4
5857
59- (C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR
60-AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A
61-FINE NOT EXCEEDING $1,000 OR BOTH.
58+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
59+INDICATED. 6
6260
63- (D) A CORRECTIONAL FACILIT Y SHALL POST SIGNAGE WARNING OF THE
64-PROVISIONS OF THIS S ECTION ON THE EXTERI OR OF THE PROPERTY I N AN AREA
65-VISIBLE TO THE GENER AL PUBLIC.
61+ (2) “AIRCRAFT” MEANS A DEVICE THAT IS USED OR INTENDED TO BE 7
62+USED FOR FLIGHT IN T HE AIR. 8
6663
67-Article – Criminal Law
64+ (3) “UNMANNED A IRCRAFT” MEANS AN AIRCRAFT TH AT IS OPERATED 9
65+WITHOUT THE POSSIBIL ITY OF DIRECT HUMAN INTERVENTION FROM WI THIN OR ON 10
66+THE AIRCRAFT. 11
6867
69-9–417.1.
68+ (B) A PERSON MAY NOT INTEN TIONALLY PHOTOGRAPH OR OTHERW ISE 12
69+RECORD IMAGES OF A C ORRECTIONAL FACILITY THROUGH THE USE OF A N 13
70+UNMANNED AIRCRAFT OPERATE AN UNMANNED AIRCRAFT OVER A CORR ECTIONAL 14
71+FACILITY FOR THE PUR POSE OF PHOTOGRAPHIN G OR RECORDING IMAGE S OF THE 15
72+CORRECTIONAL FACILIT Y THROUGH THE USE OF THE UNMANNED AIRCRAF T 16
73+WITHOUT THE AUTHORIZ ATION OF THE MANAGIN G OFFICIAL OF THE 17
74+CORRECTIONAL FACILIT Y OR THE SECRETARY. 18
7075
71- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
72-INDICATED.
76+ (C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 19
77+AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 20
78+FINE NOT EXCEEDING $1,000 OR BOTH. 21
7379
74- (2) “AIRCRAFT” MEANS A DEVICE THAT IS USED OR INTENDED TO BE
75-USED FOR FLIGHT IN T HE AIR.
80+ (D) A CORRECTIONAL FACILIT Y SHALL POST SIGNAGE WARNING OF T HE 22
81+PROVISIONS OF THIS S ECTION ON THE EXTERI OR OF THE PROPERTY I N AN AREA 23
82+VISIBLE TO THE GENER AL PUBLIC. 24
7683
77- (3) “UNMANNED AIRCRAFT ” MEANS AN AIRCRAFT TH AT IS OPERATED
78-WITHOUT THE POSSIBIL ITY OF DIRECT HUMAN INTERVENTION FROM WI THIN OR ON
79-THE AIRCRAFT.
84+Article – Criminal Law 25
8085
81- (B) A PERSON MAY NOT DELIV ER ANY CONTRABAND TO A PERSON
82-DETAINED OR CONFINED IN A PLACE OF CONFIN EMENT USING AN UNMAN NED
83-AIRCRAFT.
86+9–417.1. 26
8487
85- (C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR
86-AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A
87-FINE NOT EXCEEDING $1,000 OR BOTH.
88+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
89+INDICATED. 28
8890
89- (D) A CORRECTIONAL FACILIT Y SHALL POST SIGNAGE WARNING OF THE
90-PROVISIONS OF THIS S ECTION ON THE EXTERI OR OF THE PR OPERTY IN AN AREA
91-VISIBLE TO THE GENER AL PUBLIC.
91+ (2) “AIRCRAFT” MEANS A DEVICE THAT IS USED OR INTENDED TO BE 29
92+USED FOR FLIGHT IN T HE AIR. 30
93+ SENATE BILL 273 3
9294
93- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
94-October 1, 2024. WES MOORE, Governor Ch. 101
9595
96-– 3 –
96+ (3) “UNMANNED AIRCRAFT ” MEANS AN AIRCRAFT TH AT IS OPERATED 1
97+WITHOUT THE POSSIBIL ITY OF DIRECT HUMAN INTERVENTION FROM WI THIN OR ON 2
98+THE AIRCRAFT. 3
9799
98-Approved by the Governor, April 9, 2024.
100+ (B) A PERSON MAY NOT DELIV ER ANY CONTRABAND TO A PERS ON 4
101+DETAINED OR CONFINED IN A PLACE OF CONFIN EMENT USING AN UNMAN NED 5
102+AIRCRAFT. 6
103+
104+ (C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 7
105+AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 8
106+FINE NOT EXCEEDIN G $1,000 OR BOTH. 9
107+
108+ (D) A CORRECTIONAL FACILIT Y SHALL POST SIGNAGE WARNING OF THE 10
109+PROVISIONS OF THIS S ECTION ON THE EXTERI OR OF THE PROPERTY I N AN AREA 11
110+VISIBLE TO THE GENER AL PUBLIC. 12
111+
112+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
113+October 1, 2024. 14
114+
115+
116+
117+
118+Approved:
119+________________________________________________________________________________
120+ Governor.
121+________________________________________________________________________________
122+ President of the Senate.
123+________________________________________________________________________________
124+ Speaker of the House of Delegates.