Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 5248

   
 

*HB0527405248HDO*

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 officer" means any officer, employee or agent of the Division of State Police within the Department of Emergency Services and Public Protection, a special police force, established pursuant to section 10a-156b of the general statutes, or a municipal police department, a special policeman appointed under section 29-18 of the general statutes or a member of the Office of State Capitol Police; and

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 Subdivision (8) of subsection (a) of section 54-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective August 1, 2016):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

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