New York S 4839: Prohibits the operation of uncrewed aircraft, including drones, over school grounds or critical infrastructure

Bill Text

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S04839 Summary:

BILL NOS04839 

&nbsp

SAME ASSAME AS A04944

&nbsp

SPONSORFAHY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §270.45, Pen L

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Prohibits the operation of uncrewed aircraft, including drones, over school grounds or critical infrastructure; provides penalties for violations.

Go to top S04839 Actions:

BILL NOS04839 

&nbsp

02/13/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04839 Committee&nbspVotes:

Go to topS04839 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04839 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4839

 2025-2026 Regular Sessions

 IN SENATE

 February 13, 2025
 ___________

 Introduced by Sen. FAHY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to prohibiting the operation
 of uncrewed aircraft over school grounds or critical infrastructure

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings and intent. The New York state legis-
 2 lature finds and declares that protecting the safety and security of our
 3 schools and our critical infrastructure facilities is of utmost impor-
 4 tance. It is the intent of the legislature to respond to developments in
 5 technology to ensure that new technologies do not pose unreasonable
 6 risks to our school children or our critical infrastructure facilities.
 7 Uncrewed aircraft are often equipped with surveillance technology,
 8 including photograph and video capabilities. Thus, the operation of
 9 uncrewed aircraft has the potential to infringe on the privacy of the
 10 students, teachers, and staff on school grounds. Further, the operation
 11 of uncrewed aircraft can pose a risk to the safety and security of both
 12 schools and critical infrastructure facilities. Aerial photographs or
 13 videos of school grounds or critical infrastructure could equip nefari-
 14 ous actors with information about the location of critical equipment,
 15 entry and exit points, or the precise location of staff and, if applica-
 16 ble, students at a given time of day. Given these substantial risks, the
 17 legislature finds that an uncrewed aircraft that remains above or hovers
 18 above school grounds or critical infrastructure without permission can
 19 be presumed to be performing surveillance and, as such, poses an unrea-
 20 sonable security risk. It is not the intent of the legislature to
 21 restrict overflight by uncrewed aircraft traversing the space above
 22 school grounds or critical infrastructure.
 23 § 2. The penal law is amended by adding a new section 270.45 to read
 24 as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08523-01-5

 S. 4839 2

 1 § 270.45 Unlawfully operating an uncrewed aircraft over school grounds
 2 or critical infrastructure.
 3 1. As used in this section:
 4 (a) "Uncrewed aircraft" means an aircraft operated without the possi-
 5 bility of direct human intervention from within or on such aircraft.
 6 (b) "School grounds" means in or on or within any building, structure,
 7 athletic playing field, playground or land contained within the real
 8 property boundary line of a public or private elementary, parochial,
 9 intermediate, junior high, vocational or high school.
 10 (c) "School administrator" shall have the same meaning as defined by
 11 subdivision six of section one thousand one hundred twenty-five of the
 12 education law.
 13 (d) "Critical infrastructure" means any of the following, if complete-
 14 ly enclosed by a fence or other physical barrier that is obviously
 15 designed to exclude intruders, or if clearly marked with a sign or signs
 16 which indicate that entry is forbidden and which are posted on the prop-
 17 erty in a manner reasonably likely to come to the attention of intrud-
 18 ers, and indicate that entry is forbidden:
 19 (i) an electrical power generation or delivery system;
 20 (ii) a petroleum or alumina refinery;
 21 (iii) a chemical or rubber manufacturing facility;
 22 (iv) an oil or gas pipeline;
 23 (v) a petroleum or chemical storage facility; or
 24 (vi) a drinking