Fiscal Note - 23LSO-0110

Prohibiting drones over penal institutions.

23LSO-0110, 1.0

FISCAL NOTE

The fiscal impact to the judicial system is indeterminable due to an unknown number of cases.

The Department of Corrections provided the following information regarding indeterminable costs: There are no current measures to allow for an accurate prediction of the number of individuals to be sentenced pursuant to the proposed legislation. Each year of incarceration, per inmate, costs the State, in current dollars, approximately $48,817.48 including medical costs. Each year of supervision costs the State, in current dollars, approximately $2,467.40 per person.

Prepared by: Polly Scott, LSO Phone: 777-7881

(Information provided by Claire Smith, Supreme Court, 777-7502; Kayla Opdahl, Department of Corrections, 777-6033)

SF0032

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:

6‑5‑214. Unmanned aircraft systems and correctional institutions; definitions; penalties.

(a) As used in this section:

(i) \"Contraband\" means as defined in W.S. 6‑5‑213(c)(i);

(ii) \"Penal institution or correctional facility\" means as defined in W.S. 6‑5‑213(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. 25‑1‑105(h).

Section 2. W.S. 25‑1‑105 by creating a new subsection (h) is amended to read:

25‑1‑105. 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. 6‑5‑214(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

SF0032

Prohibiting drones over penal institutions.

Sponsored By: Joint Judiciary Interim Committee

12/6/2022 Bill Number Assigned

12/28/2022 S Received for Introduction

1/10/2023 S Introduced and Referred to S01 - Judiciary

1/16/2023 S01 - Judiciary:Recommend Amend and Do Pass 5-0-0-0-0

ROLL CALL

Ayes: Senator(s) Case, Cooper, Furphy, Landen, Schuler

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/16/2023 S Placed on General File

SF0032SS001/ADOPTED

Page 6-lines 2 through 10 Delete entirely and insert:

\"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.\".

Landen, Chairman

1/16/2023 S COW:Passed

1/17/2023 S 2nd Reading:Passed

1/18/2023 S 3rd Reading:Passed 26-4-1-0-0

ROLL CALL

Ayes: Senator(s) Anderson, Baldwin, Barlow, Boner, Bouchard, Brennan, Case, Cooper, Dockstader, Ellis, French, Furphy, Gierau, Hicks, Hutchings, Jones, Kinskey, Kolb, Landen, Laursen, Nethercott, Pappas, Rothfuss, Schuler, Scott, Steinmetz

Nays: Senator(s) Biteman, Ide, Mckeown, Salazar

Excused: Senator President Driskill

Ayes 26 Nays 4 Excused 1 Absent 0 Conflicts 0

1/18/2023 H Received for Introduction

2/7/2023 H Introduced and Referred to H01 - Judiciary

2/15/2023 H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0

ROLL CALL

Ayes: Representative(s) Chestek, Crago, Haroldson, Jennings, Niemiec, Oakley, Provenza, Rodriguez-Williams, Washut

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/15/2023 H Placed on General File

SF0032HS001/ADOPTED (TO ENGROSSED COPY)

Page 3-line 19 After \"intentionally\" insert \"trespass over or in a penal institution or on the grounds of a penal institution with an unmanned aircraft system to\". Washut, Chairman

2/16/2023 H COW:Passed

SF0032H2001/ADOPTED (TO ENGROSSED COPY)

Page 4-line 2 Delete \"to a\".

Page 4-line 3 Delete \"person confined in\" and insert \"into\". Hornok

2/17/2023 H 2nd Reading:Passed

2/21/2023 H 3rd Reading:Passed 59-3-0-0-0

ROLL CALL

Ayes: Representative(s) Allemand, Allred, Angelos, Banks, Bear, Berger, Brown, Burkhart, Jr, Byron, Chadwick, Chestek, Clouston, Conrad, Crago, Davis, Eklund, Haroldson, Harshman, Heiner, Henderson, Hornok, Jennings, Knapp, Larsen, Lloyd, Larson, Jt, Lawley, Locke, Neiman, Newsome, Nicholas, Niemiec, Northrup, Oakley, Obermueller, O'hearn, Olsen, Ottman, Pendergraft, Penn, Rodriguez-Williams, Sherwood, Singh, Slagle, Smith, Speaker Sommers, Stith, Storer, Strock, Styvar, Tarver, Trujillo, Walters, Ward, Washut, Western, Winter, Wylie, Zwonitzer, Dan, Zwonitzer, Dave

Nays: Representative(s) Andrew, Provenza, Yin

Ayes 59 Nays 3 Excused 0 Absent 0 Conflicts 0

2/21/2023 S Received for Concurrence

2/21/2023 S Concur:Failed 4-26-1-0-0

ROLL CALL

Ayes: Senator(s) Anderson, Boner, Ellis, Furphy

Nays: Senator(s) Baldwin, Barlow, Biteman, Bouchard, Brennan, Case, Cooper, Dockstader, French, Gierau, Hicks, Ide, Jones, Kinskey, Kolb, Landen, Laursen, Mckeown, Nethercott, Pappas, President Driskill, Rothfuss, Salazar, Schuler, Scott, Steinmetz

Excused: Senator Hutchings

Ayes 4 Nays 26 Excused 1 Absent 0 Conflicts 0

2/21/2023 S Appointed JCC01 Members

Senator(s) Landen, Cooper, Nethercott

2/23/2023 H Appointed JCC01 Members

Representative(s) Washut, Crago, Provenza

2/24/2023 S Concur:Recede from Non-Concurrence pursuant to JR 2-4 Passed by Roll Call 31-0-0-0-0

ROLL CALL

Ayes: Senator(s) Anderson, Baldwin, Barlow, Biteman, Boner, Bouchard, Brennan, Case, Cooper, Dockstader, Ellis, French, Furphy, Gierau, Hicks, Hutchings, Ide, Jones, Kinskey, Kolb, Landen, Laursen, Mckeown, Nethercott, Pappas, President Driskill, Rothfuss, Salazar, Schuler, Scott, Steinmetz

Ayes 31 Nays 0 Excused 0 Absent 0 Conflicts 0

2/24/2023 Assigned Number SEA No. 0067

2/24/2023 S President Signed SEA No. 0067

2/24/2023 H Speaker Signed SEA No. 0067

2/28/2023 Governor Signed SEA No. 0067

2/28/2023 Assigned Chapter Number 131

Chapter No. 131 Session Laws of Wyoming 2023

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.