Second Regular Session S.B. 1449
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1449
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 13-1424, Arizona Revised Statutes, is amended to read:
13-1424. Voyeurism; classification; definitions
A. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation.
B. It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in violation of subsection A of this section without the consent or knowledge of the person depicted.
C. For the purposes of this section, a person's privacy is invaded if both of the following apply:
1. The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded.
2. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either:
(a) While the person is in a state of undress or partial dress.
(b) While the person is engaged in sexual intercourse or sexual contact.
(c) While the person is urinating or defecating.
(d) In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.
D. This section does not apply to any of the following:
1. Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of the photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy.
2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison.
3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.
4. The use of a child monitoring device as defined in section 13-3001.
E. A violation of subsection A or B of this section is a class 5 felony, except that a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable.
F. For the purposes of this section:
1. "civil unmanned aircraft" has the same meaning prescribed in section 13‑3729.
2. "device" includes a model aircraft and civil unmanned aircraft.
3. "model aircraft" has the same meaning prescribed in section 13‑3729.
Sec. 2. Section 13-1504, Arizona Revised Statutes, is amended to read:
13-1504. Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard, including through the use of a model aircraft as defined in section 13‑3729, and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.
4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.
5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.
6. Entering or remaining unlawfully in or on a critical public service facility.
B. Criminal trespass in the first degree under subsection A, paragraph 6 of this section is a class 5 felony. Criminal trespass in the first degree under subsection A, paragraph 1 or 5 of this section is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 of this section is a class 1 misdemeanor.
Sec. 3. Section 13-2904, Arizona Revised Statutes, is amended to read:
13-2904. Disorderly conduct; classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior; or
2. Makes unreasonable noise; or
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument; OR.
7. rECKLESSLY or with criminal negligence OPERATES A MODEL AIRCRAFT OR CIVIL UNMANNED AIRCRAFT THAT ENDANGERS A PERSON OR A PERSON'S REAL PROPERTY. FOR THE PURPOSES OF THIS PARAGRAPH, "CIVIL UNMANNED AIRCRAFT" AND "MODEL AIRCRAFT" HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 13‑3729.
B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4, or 5 or 7 is a class 1 misdemeanor.
Sec. 4. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding section 13-3729, to read:
13-3729. Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions
A. It is unlawful for a person to operate a model aircraft or a civil unmanned aircraft if the operation:
1. Is prohibited by a federal or state law or regulation that governs aeronautics, including federal aviation administration regulations THAT govern line of sight operations, proximity to a civil or military airport AND NOTICES TO AIRMEN REGARDING RESTRICTED ACTIVITIES.
2. Interferes with a law enforcement, firefighter or emergency services operation.
3. Causes the intentional killing of a bird or animal while in flight.
B. It is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to INTENTIONALLY photograph OR electronically record, to collect information for the purpose of conducting surveillance or gathering evidence on OR to LOITER OVER OR NEAR either of the following:
1. a critical facility without a permit or the right or authorization from, or the prior written consent of, the owner or operator of the critical facility.
2. Another person or that person's real property without THE prior written consent OF the person.
C. Except as authorized by law, a CITY, TOWN OR COUNTY may not enact or adopt any ordinance, policy or rule that relates to the ownership or operation of an unmanned aircraft or unmanned aircraft system or otherwise engage in the regulation of the ownership or operation of an unmanned aircraft or an unmanned aircraft system. Any ordinance, policy or rule that violates this subsection, whether enacted or adopted by the CITY, TOWN OR COUNTY before or after the effective date of this section, is void.
D. This section does not:
1. Apply to a person or entity that is authorized or allowed by the federal aviation administration to operate or use an unmanned aircraft system if the person's or entity's operation or use complies with the authorization granted to the person or entity or with federal aviation administration rules.
2. Prohibit A city, town or county from enacting or adopting ordinances or rules on the operation or use of a public unmanned aircraft that is owned by the city, town or county.
3. Prohibit a law enforcement agency from operating or using an unmanned aircraft for an investigation or a search and rescue operation.
E. A violation of subsection B, paragraph 1 of this section is a class ___ felony, except that a second or subsequent violation is a class __ felony. A violation of subsection A of this section is a class 1 misdemeanor. A violation of subsection B, paragraph 2 of this section is a class __ misdemeanor.
F. For the purposes of this section:
1. "Civil unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a person for any purpose other than strictly for hobby or recreational purposes, including commercial purposes, or in furtherance of or incidental to any business or media service or agency.
2. "commercial purposes" means the use of an unmanned aircraft in return for financial compensation and includes aerial photography, aerial mapping or geospatial imaging.
3. "Critical facility" means any of the following:
(a) A petroleum or alumina refinery.
(b) A Petroleum, chemical or rubber production, transportation, storage or processing facility.
(c) A Chemical manufacturing facility.
(d) A Water or wastewater treatment facility and water development, distribution or conveyance system, including a dam.
(e) An electric generation facility, as defined in section 42‑14156, and any associated substation or switchyard.
(f) An electrical transmission or distribution substation.
(g) An electrical transmission line of ____ voltage.
(h) An electronic communication station or tower.
(i) An energy control center.
(j) A distribution operating center.
(k) A compressor station, regulator station, city gate station or pressure limiting station.
(l) A supplier tap facility.
(m) A federal, state, county or municipal court.
(n) A public safety or emergency operation facility.
(o) A Federal, state, county or municipal jail or prison or other facility in which persons are incarcerated.
(p) A Federal or state military installation or facility.
(q) A hospital that receives air ambulance services.
(r) a LIQUEFIED natural gas facility.
4. "Model aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a person strictly for hobby or recreational purposes.
5. "Person" means a corporation, firm, partnership, association, individual or organization or any other group acting as a unit.
6. "Public unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a public agency for a government‑related purpose.
7. "Unmanned aircraft" means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.
8. "Unmanned aircraft system" means an unmanned aircraft and associated elements, including any communication links and components that control the unmanned aircraft.
Sec. 5. Department of transportation; monitoring of federal aviation administration regulations; annual report; delayed repeal
A. Beginning on the effective date of this act and for three years thereafter, the department of transportation's aeronautics division shall monitor the federal aviation administration's regulation of model aircraft, civil unmanned aircraft and public unmanned aircraft as those terms are defined in section 13‑3729, Arizona Revised Statutes, as added by this act. The division shall consult with representatives of model aircraft, civil unmanned aircraft and public unmanned aircraft operators and law enforcement and political subdivisions in this state on whether amendments to section 13‑3729, Arizona Revised Statutes, as added by this act, are necessary due to changes in federal regulations made by the federal aviation administration.
B. The department of transportation's aeronautics division shall submit a report in each year that monitoring is required by subsection A of this section to the president of the senate and the speaker of the house of representatives that makes recommendations for amendments to section 13‑3729, Arizona Revised Statutes, as added by this act. The division shall provide a copy of each report to the secretary of state.
C. This section is repealed from and after December 31, 2019."
Amend title to conform