Trespass; use of an unmanned aircraft system, penalty. (SB526)
Introduced By
Sen. Mark Obenshain (R-Harrisonburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Trespass; unmanned aircraft system; penalty. Provides that any person who knowingly and intentionally causes an unmanned aircraft system to enter the property of another and come within 50 feet of a dwelling house (i) to coerce, intimidate, or harass another person or (ii) after having been given notice to desist, for any other reason, is guilty of a Class 1 misdemeanor. The bill also provides that any person who is required to register with the Sex Offender and Crimes Against Minors Registry who uses or operates an unmanned aircraft system to knowingly and intentionally (a) follow or contact another person without such person's permission or (b) capture images of another person without such person's permission when such images render the person recognizable is guilty of a Class 1 misdemeanor. Additionally, any respondent of a permanent protective order who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of any individual named in the protective order is guilty of a Class 1 misdemeanor. The bill also repeals the expiration of the prohibition on local regulation of privately owned, unmanned aircraft systems, clarifies the scope of such prohibition, and clarifies that such prohibition extends to all political subdivisions and not only to localities. This bill is identical to HB 638. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/09/2018 | Prefiled and ordered printed; offered 01/10/18 18104450D |
01/09/2018 | Referred to Committee for Courts of Justice |
01/24/2018 | Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally) |
01/24/2018 | Committee substitute printed 18104997D-S1 |
01/26/2018 | Constitutional reading dispensed (35-Y 0-N) (see vote tally) |
01/29/2018 | Read second time |
01/29/2018 | Reading of substitute waived |
01/29/2018 | Committee substitute rejected 18104997D-S1 |
01/29/2018 | Floor substitute printed 18106122D-S2 (Obenshain) |
01/29/2018 | Substitute by Senator Obenshain agreed to 18106122D-S2 |
01/29/2018 | Engrossed by Senate - floor substitute SB526S2 |
01/30/2018 | Read third time and passed Senate (39-Y 0-N) (see vote tally) |
02/05/2018 | Placed on Calendar |
02/05/2018 | Read first time |
02/05/2018 | Referred to Committee for Courts of Justice |
02/05/2018 | Impact statement from DPB (SB526S2) |
02/15/2018 | Assigned Courts sub: Subcommittee #1 |
02/21/2018 | Subcommittee recommends reporting with substitute (7-Y 1-N) |
03/02/2018 | Reported from Courts of Justice with substitute (13-Y 3-N) (see vote tally) |
03/02/2018 | Committee substitute printed 18107309D-H1 |
03/05/2018 | Impact statement from DPB (SB526H1) |
03/06/2018 | Read second time |
03/07/2018 | Read third time |
03/07/2018 | Committee substitute agreed to 18107309D-H1 |
03/07/2018 | Engrossed by House - committee substitute SB526H1 |
03/07/2018 | Passed House with substitute (80-Y 18-N) |
03/07/2018 | VOTE: PASSAGE (80-Y 18-N) (see vote tally) |
03/07/2018 | Reconsideration of House passage agreed to by House |
03/07/2018 | Passed by until the end of the calendar |
03/07/2018 | Passed House with substitute 18107309D-H1 (78-Y 19-N) |
03/07/2018 | VOTE: PASSAGE #2 (78-Y 19-N) (see vote tally) |
03/08/2018 | House substitute rejected by Senate (2-Y 38-N) (see vote tally) |
03/08/2018 | House insisted on substitute |
03/08/2018 | House requested conference committee |
03/08/2018 | Senate acceded to request (39-Y 0-N) (see vote tally) |
03/08/2018 | Conferees appointed by Senate |
03/08/2018 | Senators: Obenshain, Stanley, Lucas |
03/08/2018 | Conferees appointed by House |
03/08/2018 | Delegates: Bell, Robert B., Gilbert, Mullin |
03/09/2018 | C Amended by conference committee |
03/09/2018 | Conference substitute printed 18108152D-S3 |
03/09/2018 | Conference report agreed to by House (84-Y 14-N) |
03/09/2018 | VOTE: ADOPTION (84-Y 14-N) (see vote tally) |
03/09/2018 | Conference report agreed to by Senate (40-Y 0-N) (see vote tally) |
03/09/2018 | Impact statement from DPB (SB526S3) |
03/20/2018 | Enrolled |
03/20/2018 | Bill text as passed Senate and House (SB526ER) |
03/20/2018 | Impact statement from DPB (SB526ER) |
03/20/2018 | Signed by Speaker |
03/22/2018 | Signed by President |
03/26/2018 | Enrolled Bill Communicated to Governor on March 26, 2018 |
03/26/2018 | G Governor's Action Deadline Midnight, April 9, 2018 |
04/09/2018 | Governor's recommendation received by Senate |
04/18/2018 | Amendments #1, #2 Passed by for the day |
04/18/2018 | Senate concurred in Governor's recommendation amendments #3, #4 (39-Y 0-N) |
04/18/2018 | House concurred in Governor's recommendation amendments #3 and 4 (94-Y 0-N 1-A) |
04/18/2018 | VOTE: ADOPTION (94-Y 0-N 1-A) |
04/18/2018 | G Governor's recommendation adopted in-part |
04/18/2018 | Communicated to Governor |
04/18/2018 | Reenrolled bill text (SB526ER2) |
04/18/2018 | Reenrolled |
04/18/2018 | Signed by President as reenrolled |
04/18/2018 | Signed by Speaker as reenrolled |
04/18/2018 | Reenrolled bill Communicated to Governor on 4/18/18 |
04/18/2018 | G Governor's Action Deadline Midnight, May 18, 2018 |
05/18/2018 | G Approved by Governor-Chapter 852 (effective 7/1/18) |
05/18/2018 | G Acts of Assembly Chapter text (CHAP0852) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 3 minutes.
Comments
Without spelling it out in so many words, this Bill makes the use of a drone by ANY Virginia Registered Sex Offender (non-Violent and Violent) illegal.
Drones record that's how you see where you are flying there is no way not to violate this proposed law.
It could be amended for capturing the image of a person "in a private setting " that would stop arbitrary arrests.
Everyone else who violates this proposed law would get a warning on 1st offense, but NOT RSO's?
Even if the RSO has permission to capture images by family, friends, property owners or employer they've committed a crime.
Lines 29-32 of this Bill need to be stricken.
This Bill balances protections for the operators as well as citizen’s privacy.
However, for ANYONE listed on the VSP Sex Offender Registry, there are NO such protections. WITHOUT including the words 'coerce, intimidate or harass' there is no criminal component which makes this Bill overly broad. Including the words 'knowingly' and 'intentionally' in no way lessens this burden.
If a Registrant is using a drone on their own property and they capture an image of a trespasser, they’ve committed a crime.
If their job includes the use of a drone perhaps to survey land where workers are present, they’ve committed a crime.
If they are flying their drone over a public street, park or forest where there is no expectation of privacy and capture ANY image of anyone, they’ve committed a crime.
This is NOT equal protection under the law.
I envision in the vain attempt to enforce this law ANY Registrant that owns a drone, would be subjected to multiple, baseless investigations simply because they are a Sex Offender.
THIS Bill is essentially a BAN for ALL Registrants to EVER operate a drone while cleverly avoiding such words like, ‘prohibiting’.
Back in September of 2015 the Wisconsin Court of Appeals (Wisconsin v. Christopher J. Oatman) overturned a law banning Registered Sex Offenders from taking photos that capture the image of a child in public, as a 1st Amendment violation.
THIS Bill bans ANY image, of ANY person, ANYWHERE.
The Virginia Sex Offender Registry must remain an administrative tool and cannot be used as a blanket excuse to eliminate freedoms afforded to everyone else.
The portion of this Bill about Sex Offender and Crimes Against Minors Registry must be stricken.