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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
499
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
UNMANNED
AIRCRAFT
SYSTEMS;
AMENDING
CHAPTER
2,
TITLE
20,
IDAHO
2
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
20
-
251,
IDAHO
CODE,
TO
DEFINE
3
TERMS
AND
TO
ESTABLISH
PROVISIONS
REGARDING
UNMANNED
AIRCRAFT
SYSTEMS
4
NEAR
DEPARTMENT
OF
CORRECTION
FACILITIES;
AND
DECLARING
AN
EMERGENCY
5
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
2,
Title
20,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
20
-
251,
Idaho
Code,
and
to
read
as
follows:
10
20
-
251.
UNMANNED
AIRCRAFT
SYSTEMS
NEAR
DEPARTMENT
OF
CORRECTION
FA
-
1
1
CILITIES.
(1)
As
used
in
this
section:
12
(a)
"Mitigation
measures"
means
actions,
such
as
jamming,
that
are
13
taken
to
cause
electronic
interference
to
neutralize,
intercept,
dis
-
14
able,
or
disrupt
an
unmanned
aircraft
system
in
order
to
prevent
illegal
15
or
harmful
activity.
16
(b)
"Nefarious
manner"
means
a
manner
in
which
an
unmanned
aircraft
17
system
is
used
for
an
illegal,
dangerous,
or
harmful
purpose.
Such
18
purpose
may
include
but
is
not
limited
to
spying,
smuggling
contraband,
19
facilitating
criminal
activity,
or
posing
a
direct
threat
to
public
20
safety
or
security
of
a
correctional
facility.
21
(c)
"Proximity"
means
within
two
(2)
nautical
miles
from
the
farthest
22
defined
perimeter
of
a
correctional
facility.
23
(d)
"Restricted
airspace"
means
the
airspace
over
a
department
of
cor
-
24
rection
facility
as
depicted
on
visual
flight
rules
navigation
charts.
25
(2)
The
department
of
correction
or
a
law
enforcement
officer
or
agency
26
may
take
reasonable
and
necessary
mitigation
measures
against
a
threat
posed
27
by
an
unmanned
aircraft
system
operating
in
proximity
to
restricted
airspace
28
within
this
state
in
a
nefarious
manner.
Such
measures
may
include
but
are
29
not
limited
to:
30
(a)
The
use
of
detection,
tracking,
and
identification
methods;
and
31
(b)
The
interception
or
disabling
of
an
unmanned
aircraft
system
32
through
legal
and
safe
methods,
including
but
not
limited
to
jamming,
33
hacking,
or
physical
capture.
34
(3)
The
department
of
correction
or
a
law
enforcement
officer
or
agency
35
may
act
pursuant
to
subsection
(2)
of
this
section
only
if
there
is
reason
-
36
able
suspicion
that
the
unmanned
aircraft
system
is
operating
in
a
nefarious
37
manner
within
the
proximity
of
the
restricted
airspace
of
any
department
of
38
correction
facility
where
prisoners
are
held.
The
department
of
correction
39
or
a
law
enforcement
officer
or
agency
shall
not
be
liable
for
any
loss
of
or
40
damage
to
an
unmanned
aircraft
system
due
to
mitigation
measures
taken
pur
-
41
2
suant
to
this
section.
The
department
of
correction
shall
post
notices
on
1
roads
near
correctional
facilities
that
the
area
is
a
"Drone
No
Fly
Zone."
2
(4)
The
use
of
an
unmanned
aircraft
system
within
the
proximity
of
the
3
restricted
airspace
of
a
correctional
facility
shall
be
unlawful.
Whoever
4
commits
the
crime
of
unlawful
use
of
an
unmanned
aircraft
system
within
the
5
proximity
of
the
restricted
airspace
of
a
correctional
facility
shall
be
6
fined
not
less
than
two
thousand
dollars
($2,000)
and
not
more
than
five
7
thousand
dollars
($5,000)
or
imprisoned
for
not
more
than
one
(1)
year.
In
8
addition
to
the
sentence
imposed
pursuant
to
this
subsection,
the
court
9
shall
order
the
forfeiture
of
the
unmanned
aircraft
system
used
in
connec
-
10
tion
with
the
unlawful
act.
1
1
(5)
It
shall
be
the
responsibility
of
unmanned
aircraft
system
opera
-
12
tors
to
be
familiar
with
all
airspace
restrictions
and
the
location
of
cor
-
13
rectional
facilities
and
all
other
restricted
airspace
when
operating
un
-
14
manned
aircraft
systems.
Lack
of
knowledge
that
the
prohibited
act
occurred
15
within
the
proximity
of
the
restricted
airspace
of
the
correctional
facility
16
shall
not
be
a
defense.
17
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
18
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
19
July
1,
2026.
20