STATE OF NEW YORK
2021-2022 Regular Sessions
February 10, 2021
Introduced by M. of A. ABINANTI, GALEF, GOTTFRIED, MONTESANO, DILAN,
JONES -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to civilian drone use
near a correctional facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 626
2 to read as follows:
3 § 626. Drone use around correctional facilities. 1. No person, in a
4 private capacity, shall operate a drone within one thousand feet of a
5 correctional facility or local correctional facility in this state.
6 2. As used in this section:
7 "Drone" means a powered or unpowered aerial vehicle or a balloon float
8 or other device that:
9 (a) does not carry a human operator;
10 (b) uses aerodynamic forces or gases to provide lift;
11 (c) can fly autonomously or be piloted remotely;
12 (d) can be expendable or recoverable;
13 (e) captures images of objects or people on the ground and in the air;
14 (f) intercepts communications on the ground and in the air; and/or
15 (g) can carry a lethal or non-lethal payload.
16 3. A violation of this section shall result in a civil penalty of one
17 thousand dollars for the first offense and a misdemeanor for each subse-
18 quent offense.
19 4. This section shall not apply to the operation of a drone by any
20 person or entity that the federal aviation administration has authorized
21 to operate a drone for a commercial purpose, where the drone is operated
22 in a manner that complies with that authorization.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.