1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3948
Sponsored by Representative LEWIS, Senator BROADMAN, Representative HELFRICH; Representatives BOICE,
BOSHART DAVIS, BREESE-IVERSON, DIEHL, DRAZAN, EDWARDS, HARBICK, LEVY B, OSBORNE,
OWENS, RESCHKE, SCHARF, SKARLATOS, WRIGHT, YUNKER, Senator SMITH DB
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes it a worse crime to fly a drone over a correctional facility. The Act says
that the court can take away the drone upon conviction. (Flesch Readability Score: 74.7).
Increases the penalty for operating an unmanned aircraft system over a critical infrastructure
facility that is a correctional facility or youth correction facility. Makes the crime punishable by a
maximum of five years’ imprisonment, $125,000 fine, or both. Provides that, upon conviction, the
court shall order that the unmanned aircraft system be forfeited.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to unmanned aircraft systems; creating new provisions; amending ORS 837.372; and pre-
scribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 837.372 is amended to read:
837.372. (1) As used in this section, “critical infrastructure facility” means any of the following
facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to
exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that
entry is forbidden:
(a) A petroleum or alumina refinery;
(b) An electrical power generating facility, substation, switching station or electrical control
center;
(c) A chemical, polymer or rubber manufacturing facility;
(d) A water intake structure, water treatment facility, wastewater treatment plant or pump
station;
(e) A natural gas compressor station;
(f) A liquid natural gas terminal or storage facility;
(g) A telecommunications central switching office;
(h) A port, railroad switching yard, trucking terminal or other freight transportation facility;
(i) A gas processing plant, including a plant used in the processing, treatment or fractionation
of natural gas;
(j) A transmission facility used by a federally licensed radio or television station;
(k) A steelmaking facility that uses an electric arc furnace to make steel;
(L) A dam that is classified as a high hazard by the Water Resources Department;
(m) Any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or
other physical barrier that is obviously designed to exclude intruders; [or]
(n) A [correctional facility or] law enforcement facility[.]; or
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4796 HB3948
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
(o) A correctional facility or youth correction facility, as that term is defined in ORS
162.135.
(2) Except as provided in [subsection (3)] subsections (3) and (4) of this section, a person com-
mits a Class A violation if the person intentionally or knowingly:
(a) Operates an unmanned aircraft system over a critical infrastructure facility at an altitude
not higher than 400 feet above ground level; or
(b) Allows an unmanned aircraft system to make contact with a critical infrastructure facility,
including any person or object on the premises of or within the facility.
(3)(a) A person commits a Class C felony if the person intentionally or knowingly:
(A) Operates an unmanned aircraft system over a critical infrastructure facility that is
a correctional facility or youth correction facility at an altitude not higher than 400 feet
above ground level; or
(B) Allows an unmanned aircraft system to make contact with a critical infrastructure
facility that is a correctional facility or youth correction facility, including any person or
object on the premises of or within the facility.
(b) In addition to and not in lieu of any other sentence the court may impose, upon
conviction under this subsection, the court shall, at the time of sentencing, declare the un-
manned aircraft system used in the offense to be contraband and order that the unmanned
aircraft system be forfeited.
[(3)] (4) This section does not apply to:
(a) The federal government.
(b) A public body.
(c) A law enforcement agency.
(d) A person under contract with or otherwise acting under the direction or on behalf of the
federal government, a public body or a law enforcement agency.
(e) An owner or operator of the critical infrastructure facility.
(f) A person who has the prior written consent of the owner or operator of the critical
infrastructurefacility.
(g) The owner or occupant of the property on which the critical infrastructure facility is located.
(h) A person who has the prior written consent of the owner or occupant of the property on
which the critical infrastructure facility is located.
(i) A person operating an unmanned aircraft system for commercial purposes in compliance with
authorization granted by the Federal Aviation Administration.
SECTION 2. The amendments to ORS 837.372 by section 1 of this 2025 Act apply to con-
duct occurring on or after the effective date of this 2025 Act.
SECTION 3.This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
[2]