Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 5515

   
 

*HB0527405515HDO*

Offered by:

 

REP. DARGAN, 115th Dist.

REP. ZUPKUS, 89th Dist.

REP. MUSHINSKY, 85th Dist.

REP. CARPINO, 32nd Dist.

REP. TONG, 147th Dist.

REP. REBIMBAS, 70th Dist.

To: Subst. House Bill No. 5274

File No. 337

Cal. No. 231

"AN ACT CONCERNING THE USE OF DRONES. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective August 1, 2016) (a) For the purposes of this section:

(1) "Law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection, the Office of State Capitol Police, the special police forces established pursuant to section 10a-156b of the general statutes, or any municipal police department;

(2) "Law enforcement officer" means any officer, employee or agent of a law enforcement agency, or a special policeman appointed under section 29-18 of the general statutes; and

(3) "Unmanned aerial vehicle" means any contrivance used or designed for navigation of or flight in air that is power-driven and operated without the possibility of direct human intervention from within or on the contrivance.

(b) Except as otherwise provided by law, no person shall operate an unmanned aerial vehicle that is equipped with tear gas or any like or similar deleterious agent, a deadly weapon, as defined in section 53a-3 of the general statutes, or an explosive or incendiary device, as defined in section 53-206b of the general statutes.

(c) The provisions of subsection (b) of this section shall not apply to a law enforcement officer who operates an unmanned aerial vehicle that is equipped with explosive detection, detonation or disposal equipment, provided such officer is authorized by the federal or state government to detect, detonate and dispose of explosives and is engaged in such detection, detonation or disposal.

(d) Any person who violates this section shall be guilty of a class C felony.

Sec. 2. Subdivision (8) of subsection (a) of section 54-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective August 1, 2016):

(8) "Offense committed with a deadly weapon" or "offense" means: (A) A violation of subsection (c) of section 2-1e, subsection (e) of section 29-28, subsections (a) to (e), inclusive, or (i) of section 29-33, section 29-34, subsection (a) of section 29-35, section 29-36, 29-36k, 29-37a or 29-37e, subsection (c) of section 29-37g, section 29-37j, subsection (b), (c) or (g) of section 53-202, section 53-202b, 53-202c, 53-202j, 53-202k, 53-202l, 53-202aa or 53-206b, subsection (b) of section 53a-8, section 53a-55a, 53a-56a, 53a-60a, 53a-60c, 53a-72b, 53a-92a, 53a-94a, 53a-102a, 53a-103a, 53a-211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217b, [or] 53a-217c or section 1 of this act, or a second or subsequent violation of section 53-202g; or (B) a violation of any section of the general statutes which constitutes a felony, as defined in section 53a-25, provided the court makes a finding that, at the time of the offense, the offender used a deadly weapon, or was armed with and threatened the use of or displayed or represented by words or conduct that the offender possessed a deadly weapon;

Sec. 3. Subsection (a) of section 53a-189a of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of voyeurism when, (1) with malice, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, (3) with the intent to arouse or satisfy the sexual desire of such person, commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or cursory manner, another person (A) without the knowledge or consent of such other person, (B) while such other person is inside a dwelling, as defined in section 53a-100, and not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, or (4) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the genitals, pubic area or buttocks of another person or the undergarments or stockings that clothe the genitals, pubic area or buttocks of another person (A) without the knowledge and consent of such other person, and (B) while such genitals, pubic area, buttocks, undergarments or stockings are not in plain view. For the purposes of this subsection, "not in plain view" includes a view not otherwise obtainable that is made possible through the use of an unmanned aerial vehicle, and "unmanned aerial vehicle" has the same meaning as provided in section 1 of this act.

Sec. 4. (NEW) (Effective October 1, 2016) (a) For the purposes of this section, "unmanned aerial vehicle" means any contrivance used or designed for navigation of or flight in air that is power-driven and operated without the possibility of direct human intervention from within or on the contrivance.

(b) Except as otherwise provided by law, no person shall knowingly cause an unmanned aerial vehicle to land upon or take off from the grounds of a correctional institution.

(c) Any person who violates this section shall be guilty of a class E felony.

Sec. 5. (NEW) (Effective July 1, 2018) (a) For the purposes of this section:

(1) "Law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection, the Office of State Capitol Police, the special police forces established pursuant to section 10a-156b of the general statutes, or any municipal police department;

(2) "Law enforcement officer" means any officer, employee or agent of a law enforcement agency, or a special policeman appointed under section 29-18 of the general statutes; and

(3) "Unmanned aerial vehicle" means any contrivance used or designed for navigation of or flight in air that is power-driven and operated without the possibility of direct human intervention from within or on the contrivance.

(b) A law enforcement officer may operate an unmanned aerial vehicle provided:

(1) A judge of the Superior Court or judge trial referee has issued a warrant in accordance with section 54-33a of the general statutes authorizing the use of an unmanned aerial vehicle;

(2) The individual who will be the subject of the information collected by the operation of an unmanned aerial vehicle has given advance written consent to such operation;

(3) The owner of the property that will be the subject of the information collected by the operation of an unmanned aerial vehicle has given advance written consent to such operation;

(4) The law enforcement officer has probable cause to believe that a criminal offense has been, is being or will be committed and exigent circumstances exist that make it unreasonable for the law enforcement officer to obtain a warrant authorizing the use of an unmanned aerial vehicle;

(5) Such operation is pursuant to training activities conducted by the law enforcement agency while on land owned or leased by the federal or state government and does not occur over an area that is substantially populated; or

(6) Such operation is used to reconstruct or document a specific crime or accident scene.

(c) An individual or a privately owned property shall be considered to be the subject of information collected by the operation of an unmanned aerial vehicle if the information allows the identity of the person or the privately owned property to be ascertained or if the law enforcement officer operating the unmanned aerial vehicle acknowledges such individual or such property was the subject of the information.

Sec. 6. (Effective from passage) Not later than January 1, 2018, the Commissioner of Emergency Services and Public Protection, the Police Officer Standards and Training Council and the Chief State's Attorney shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security. Such report shall include their recommendations for administrative policies and legislation necessary to establish requirements for the retention, modification or destruction of information collected by a law enforcement officer by the operation of an unmanned aerial vehicle pursuant to (1) a warrant, issued in accordance with section 54-33a of the general statutes, (2) the advance written consent of the individual who will be the subject of the information collected by such operation, (3) the advance written consent of the owner of the property that will be the subject of the information collected by such operation, (4) a determination that probable cause that a criminal offense has been, is being or will be committed and exigent circumstances exist, (5) training activities, and (6) the reconstruction or documentation of a specific crime or accident scene. "

This act shall take effect as follows and shall amend the following sections:

Section 1

August 1, 2016

New section

Sec. 2

August 1, 2016

54-280(a)(8)

Sec. 3

October 1, 2016

53a-189a(a)

Sec. 4

October 1, 2016

New section

Sec. 5

July 1, 2018

New section

Sec. 6

from passage

New section