SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 166

53rd legislature - STATE OF NEW MEXICO - second session, 2018

AN ACT

RELATING TO PUBLIC SAFETY; REGULATING THE OPERATION OF UNMANNED AIRCRAFT AROUND PRISONS OR CHILDREN, YOUTH AND FAMILIES DEPARTMENT DETENTION OR COMMITMENT FACILITIES; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] UNLAWFUL OPERATION OF UNMANNED AIRCRAFT NEAR PRISONS OR CHILDREN, YOUTH AND FAMILIES DEPARTMENT DETENTION OR COMMITMENT FACILITIES--DEFINITIONS--PROVIDING PENALTIES.--

          A. It is unlawful to operate, direct or program a drone to fly within either a horizontal distance of five hundred feet or a vertical distance of two hundred fifty feet of the penitentiary of New Mexico or any other institution designated by the corrections department for the confinement of inmates or a facility designated by the children, youth and families department for the detention or commitment of children; provided that this does not apply to a drone used:

                (1) for law enforcement;

                (2) for emergency purposes by a first responder; or

                (3) with the written permission of the warden or director of the facility.

          B. Upon a first conviction pursuant to this section, an offender is guilty of a petty misdemeanor.

          C. Upon a second or subsequent conviction pursuant to this section, an offender is guilty of a misdemeanor.

          D. As used in this section:

                (1) "drone" means an unmanned, powered, aerial vehicle that:

                     (a) does not carry a human operator;

                     (b) uses aerodynamic forces to provide vehicle lift;

                     (c) can fly autonomously or be piloted remotely; and

                     (d) can be expendable or recoverable; and

                (2) "first responder" means a police officer, peace officer, firefighter, paramedic or search and rescue person.

     SECTION 2. Section 30-22-14 NMSA 1978 (being Laws 1976, Chapter 15, Section 1, as amended) is amended to read:

     "30-22-14. BRINGING CONTRABAND INTO PLACES OF IMPRISONMENT--PENALTIES--DEFINITIONS.--

          A. Bringing contraband into a prison consists of knowingly and voluntarily carrying, transporting or depositing contraband, including by use of a drone, onto the grounds of the penitentiary of New Mexico or any other institution designated by the corrections department for the confinement of adult prisoners. Whoever commits bringing contraband into a prison is guilty of a third degree felony.

          B. Bringing contraband into a jail consists of knowingly and voluntarily carrying contraband into the confines of a county or municipal jail. Whoever commits bringing contraband into a jail is guilty of a fourth degree felony.

          C. As used in this section:

                (1) "contraband" means:

                     [(1)] (a) a deadly weapon, as defined in Section 30-1-12 NMSA 1978, or an essential component part thereof, including ammunition, explosive devices and explosive materials, but does not include a weapon carried by a peace officer in the lawful discharge of duties;

                     [(2)] (b) currency brought onto the grounds of the institution for the purpose of transfer to a prisoner, but does not include currency carried into areas designated by the warden as areas for the deposit and receipt of currency for credit to a prisoner's account before contact is made with the prisoner;

                     [(3)] (c) an alcoholic beverage;

                     [(4)] (d) a controlled substance, as defined in the Controlled Substances Act, but does not include a controlled substance carried into a prison through regular prison channels and pursuant to the direction or prescription of a regularly licensed physician; or

                     [(5)] (e) an electronic communication or recording device brought onto the grounds of the institution for the purpose of transfer to or use by a prisoner;

          [D. As used in this section]

                (2) "drone" means an unmanned, powered, aerial vehicle that:

                     (a) does not carry a human operator;

                     (b) uses aerodynamic forces to provide vehicle lift;

                     (c) can fly autonomously or be piloted remotely; and

                     (d) can be expendable or recoverable; and

                (3) "electronic communication or recording device" means any type of instrument, device, machine or equipment that is designed to transmit or receive telephonic, electronic, digital, cellular, satellite or radio signals or communications or that is designed to have sound or image recording abilities or any part or component of such instrument, device, machine or equipment. "Electronic communication or recording device" does not include a device that is or will be used by prison or jail personnel in the regular course of business or that is otherwise authorized by the warden.  

          [E.] D. Nothing in this section shall prohibit the use of hearing aids, voice amplifiers or other equipment necessary to aid prisoners who have documented hearing or speech deficiencies or their visitors. Rules for such devices shall be established by the warden or director of each jail, detention center and prison."

     SECTION 3. Section 30-22-14.1 NMSA 1978 (being Laws 1997, Chapter 44, Section 1) is amended to read:

     "30-22-14.1. BRINGING CONTRABAND INTO A JUVENILE DETENTION FACILITY OR JUVENILE CORRECTIONAL FACILITY--PENALTY.--

          A. Bringing contraband into a juvenile detention facility or juvenile correctional facility consists of carrying, transporting or depositing contraband, including by use of a drone, onto the grounds of [any] a facility designated by the children, youth and families department for the detention or commitment of children. Whoever commits bringing contraband into a juvenile correctional facility is guilty of a third degree felony. Whoever commits bringing contraband into a juvenile detention facility is guilty of a fourth degree felony.

          B. As used in this section:

                (1) "contraband" means:

                     [(1)] (a) any deadly weapon, as defined in Section 30-1-12 NMSA 1978, or an essential component part thereof, including ammunition, explosive devices and explosive materials, but does not include a weapon carried by a peace officer in the lawful discharge of [his] the officer's duties;

                     [(2)] (b) currency brought onto the grounds of a juvenile detention facility or juvenile correctional facility and not declared upon entry to the facility for the purpose of transfer to a child detained in or committed to the facility, but does not include currency carried into areas designated by the facility administrator as areas for the deposit and receipt of currency for credit to a child's account before contact is made with any child;

                     [(3)] (c) any alcoholic beverage brought within the physical confines of the juvenile detention or juvenile correctional facility; or

                     [(4)] (d) any controlled substance, as defined in the Controlled Substances Act, but does not include a controlled substance carried into a juvenile detention facility or juvenile correctional facility through regular facility channels and pursuant to the direction or prescription of a regularly licensed physician; and

                (2) "drone" means an unmanned, powered, aerial vehicle that:

                     (a) does not carry a human operator;

                     (b) uses aerodynamic forces to provide vehicle lift;

                     (c) can fly autonomously or be piloted remotely; and

                     (d) can be expendable or recoverable."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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