AN ACT relating to crimes and offenses; prohibiting the use of unmanned aircraft systems as specified; authorizing the department of corrections to take reasonable actions against unmanned aircraft systems trespassing over or in penal institutions; providing definitions; providing penalties; providing exceptions; requiring rulemaking; and providing for effective dates.
CrimeFirearms
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Judiciary
Last action
2023-02-28
Official status
enrolled
Effective date
2/28/2023
Plain English Breakdown
The summary does not specify how the Department of Corrections will enforce these rules against unauthorized drone usage.
No Drones Over Prisons
This law makes it illegal to use drones over or inside penal institutions without permission for certain purposes, with penalties for violations.
What This Bill Does
Defines an unmanned aircraft system as a powered drone that does not carry a human operator and can be autonomous or remotely piloted.
Makes it illegal to use drones over penal institutions without authorization for the purpose of photographing, surveilling, recording, conveying contraband, or delivering deadly weapons.
Sets penalties: up to one year in jail and/or $2,000 fine for photographing or conveying contraband; up to ten years in jail and/or $10,000 fine for delivering a deadly weapon.
Allows the Department of Corrections to make rules about preventing unauthorized drone usage over penal institutions.
Who It Names or Affects
People who use drones near or inside penal institutions without permission.
The Wyoming Department of Corrections, which must create rules to prevent unauthorized drone usage.
Law enforcement agencies and emergency responders are exempt from these restrictions for their work.
Terms To Know
Unmanned aircraft system
A powered drone that does not carry a human operator and can be autonomous or remotely piloted.
Contraband
Items prohibited in penal institutions, as defined by law.
Limits and Unknowns
The bill only applies to drones that are not satellites orbiting the Earth and excludes those used by the U.S. government or for state business.
It does not specify how the Department of Corrections will enforce these rules against unauthorized drone usage.
The effectiveness of preventing illegal drone activity over penal institutions is uncertain.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment changes the wording of the bill to prohibit drones from entering penal institutions instead of just being over them.
Changes 'to a person confined in' to 'into'. This alters the focus from targeting individuals inside penal institutions to prohibiting any entry of unmanned aircraft systems into these facilities.
The amendment text is limited and does not provide full context about how this change affects other parts of the bill or its overall intent.
Plain English: The amendment adds language to prohibit using drones to intentionally trespass over, inside, or on the grounds of penal institutions.
Adds new wording that specifically bans the use of unmanned aircraft systems (drones) for intentional trespassing over, within, or on the grounds of penal institutions.
The amendment text does not provide details about what constitutes 'reasonable actions' by the Department of Corrections against drones violating this rule.
Plain English: The amendment changes the effective date of the bill to take immediate effect upon completion of all necessary steps for it to become law.
Changes the act's effectiveness so that it takes effect immediately after completing the legal requirements for a bill to become law.
The amendment does not provide details on what specific acts are necessary for a bill to become law, which may be found in Article 4, Section 8 of the Wyoming Constitution.
Bill History
2023-02-28LSO
Assigned Chapter Number 131
2023-02-28Governor
Governor Signed SEA No. 0067
2023-02-24House
H Speaker Signed SEA No. 0067
2023-02-24Senate
S President Signed SEA No. 0067
2023-02-24LSO
Assigned Number SEA No. 0067
2023-02-24Senate
S Concur:Recede from Non-Concurrence pursuant to JR 2-4 Passed by Roll Call 31-0-0-0-0
2023-02-23House
H Appointed JCC01 Members
2023-02-21Senate
S Appointed JCC01 Members
2023-02-21Senate
S Concur:Failed 4-26-1-0-0
2023-02-21Senate
S Received for Concurrence
2023-02-21House
H 3rd Reading:Passed 59-3-0-0-0
2023-02-17House
H 2nd Reading:Passed
2023-02-16House
H COW:Passed
2023-02-15House
H Placed on General File
2023-02-15House
H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0
2023-02-07House
H Introduced and Referred to H01 - Judiciary
2023-01-18House
H Received for Introduction
2023-01-18Senate
S 3rd Reading:Passed 26-4-1-0-0
2023-01-17Senate
S 2nd Reading:Passed
2023-01-16Senate
S COW:Passed
2023-01-16Senate
S Placed on General File
2023-01-16Senate
S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0
2023-01-10Senate
S Introduced and Referred to S01 - Judiciary
2022-12-28Senate
S Received for Introduction
2022-12-06LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 23LSO-0110
Bill No.:
SF0032
Effective:
Immediately
LSO No.:
23LSO-0110
Enrolled Act No.:
SEA No. 0067
Chapter No.:
131
Prime Sponsor:
Joint Judiciary Interim Committee
Catch Title:
Prohibiting drones over penal institutions.
Subject:
Drones and penal institutions.
Summary/Major Elements:
This bill defines an "unmanned aircraft system" as an unmanned, powered aircraft that: (1) does not carry a human operator; (2) can be autonomous or remotely piloted or operated; and (3) is expendable or recoverable.
This bill creates a new crime that prohibits using an "unmanned aircraft system" to intentionally trespass over or into a penal institution without authorization for the purpose to:
Photograph, surveil, broadcast or otherwise record a penal institution;
Convey or attempt to convey contraband into a penal institution; or
Deliver or attempt to deliver a deadly weapon into a penal institution.
This bill makes a violation of the prohibition against photographing or conveying contraband a misdemeanor punishable by up to one year in jail, a two thousand dollar ($2,000.00) fine or both.
A violation for delivering a deadly weapon is a felony punishable by not more than ten (10) years in jail, a fine of not more than ten thousand dollars ($10,000.00) or both.
The bill provides rulemaking authority to the Department of Corrections to establish reasonable means of preventing violations of the new crime and authorizing the use of reasonable means of prevention.
The bill provides exceptions for law enforcement and emergency purposes, state business, the United States government and satellites orbiting the earth.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.
While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Current Bill Text
Read the full stored bill text
23LSO-0110
ORIGINAL Senate
ENGROSSED
File No
.
SF0032
ENROLLED ACT NO. 67,
SENATE
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session
AN ACT relating to crimes and offenses; prohibiting the use of unmanned aircraft systems as specified; authorizing the department of corrections to take reasonable actions against unmanned aircraft systems trespassing over or in penal institutions; providing definitions; providing penalties; providing exceptions; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 6
‑
5
‑
214 is created to read:
6
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5
‑
214.
Unmanned aircraft systems and correctional institutions; definitions; penalties.
(a)
As used in this section:
(i)
"Contraband" means as defined in W.S. 6
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5
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213(c)(i);
(ii)
"Penal institution or correctional facility" means as defined in W.S. 6
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5
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213(c)(ii);
(iii)
"Unmanned aircraft system":
(A)
Means an unmanned, powered aircraft that:
(I)
Does not carry a human operator;
(II)
Can be autonomous or remotely piloted or operated; and
(III)
Can be expendable or recoverable.
(B)
Does not include:
(I)
A satellite orbiting the earth;
(II)
An unmanned aircraft system used by the United States Government or a person who is acting pursuant to a contract with the United States Government;
(III)
An unmanned aircraft system used by the state for purposes of state business;
(IV)
An unmanned aircraft system used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.
(b)
Except as authorized by a person in charge of the penal institution or correctional facility, no person shall intentionally trespass over or in a penal institution or on the grounds of a penal institution with an unmanned aircraft system to:
(i)
Photograph, surveil, broadcast or otherwise record a penal institution or correctional facility through the use of an unmanned aircraft system;
(ii)
Convey or attempt to convey contraband into a penal institution or correctional facility through the use of an unmanned aircraft system; or
(iii)
Deliver or attempt to deliver a deadly weapon into a penal institution or correctional facility through the use of an unmanned aircraft system.
(c)
Any person who violates paragraphs (b)(i) or (ii) of this section is guilty of misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both. Any person who violates paragraph (b)(iii) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(d)
A person who uses an unmanned aircraft system under one (1) or more of the exclusions specified in subdivisions (a)(iii)(B)(II) through (IV) of this section shall provide reasonable notice of the intended use of the unmanned aircraft system at the penal institution or correctional facility to the person in charge of the institution or facility.
(e)
The person in charge of a penal institution or correctional facility may take or authorize the use of reasonable actions to prevent or stop the use of unmanned aircraft systems operating in violation of this section consistent with rules and regulations promulgated by the department of corrections pursuant to W.S. 25
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1
‑
105(h).
Section 2.
W.S. 25
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1
‑
105 by creating a new subsection (h) is amended to read:
25
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1
‑
105.
Powers of department; care of persons committed outside of state.
(h)
The department of corrections shall promulgate rules specifying reasonable actions a person in charge of a penal institution or correctional facility may take to stop or prevent a violation of W.S. 6
‑
5
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214(b).
Section 3
.
The department of corrections shall promulgate any rules necessary to implement this act.
Section 4
.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk
1