Rep. Michael J. Zalewski
Filed: 3/18/2015
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3935 




2    AMENDMENT NO. ______. Amend House Bill 3935 on page 1, line 
35, by inserting "and by adding Section 21-8.5" after "21-8"; 
4and
 
5on page 2, by replacing lines 18 and 19 with the following:
6        "(3) a nuclear power or other electric generation 
7    facility; or

8        (4) a fertilizer manufacturing facility has the 
9    meaning"; and
 
10on page 2, by inserting immediately below line 24 the 
11following:
 
12    "(720 ILCS 5/21-8.5 new)
13    Sec. 21-8.5. Criminal trespass by use of an unmanned 
14aircraft system.
15    (a)  As used in this Section:
 
 
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1        "Targeted facility" has the meaning ascribed to it in 
2    subsection (c) of Section 21-8 of this Code. 
3        "Unmanned aircraft system" means an
unmanned, powered 
4    aircraft that does not carry a human operator, can be 
5    autonomous or remotely
piloted or operated, and can be 
6    expendable or recoverable.
"Unmanned aircraft system" does 
7    not include any of the following:
8            (1) a satellite orbiting the earth; or
9            (2) an unmanned aircraft system used by any unit of 
10        government or a person who is acting under
contract 
11        with any unit of government to conduct surveillance of 
12        specific activities. 
13    (b)  A person commits criminal trespass by use of an 
14unmanned aircraft system  when he or she intentionally uses an 
15unmanned aircraft system to
conduct surveillance of, gather 
16evidence, or collect information about, or photographically or

17electronically record a targeted facility without the prior 
18written consent of the owner of the targeted
facility.
19    (c)  Nothing in this Section prohibits a person from using 
20an unmanned aircraft system to conduct
surveillance of, gather 
21evidence, or collect information about, or photographically or 
22electronically
record his or her own property that is either of 
23the following:
24        (1) located on his or her own immovable property; or 
25        (2)
located on immovable property owned by another 
26    person under a valid lease, servitude, right-of-way, right 
 
 
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1    of
use, permit, license, or other right.
2    (d)  Third persons retained by the owner of the property 
3described in
subsection (c) shall not be prohibited under this 
4Section from using an unmanned
aircraft system to conduct 
5activities described in subsection (c) of this Section.
6    (e)
This Section does not apply to unmanned aircraft 
7systems used for motion picture,
television, or similar 
8production if the filming is authorized by the property owner.
9    (f)
This Section applies unless preempted by applicable 
10federal law or by regulations
adopted by the Federal Aviation 
11Administration.
12    (g)  Sentence. Criminal trespass by use of an unmanned 
13aircraft system is a Class 4 felony.".