PROHIBIT DRONES NEAR PRISONS S.B. 487 & 488 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 487 (as reported without amendment)
Senate Bill 488 (Substitute S-1 as reported)
Sponsor: Senator Darwin L. Booher
CONTENT
Senate Bill 487 would amend the Corrections Code to prohibit a person who was operating an unmanned aerial vehicle (UAV) from flying it within 1,000 feet of any correctional facility. A violation would be a felony punishable by up to four years' imprisonment and/or a maximum fine of $2,000. The prohibition and penalty would not apply to a law enforcement agency operating a UAV under Federal Aviation Administration regulations.
The bill would define "unmanned aerial vehicle" as an unmanned vehicle or device that uses aerodynamic forces to achieve flight and is piloted remotely. "Correctional facility" would include a facility or institution that is maintained and operated by the Department of Corrections and a facility or institution operated by a private entity under the Corrections Code.
Senate Bill 488 (S-1) would amend the Code of Criminal Procedure to include the felony proposed by Senate Bill 487 in the sentencing guidelines. Operating an unmanned aerial vehicle within 1,000 feet of a correctional facility would be a Class F public safety felony with a statutory maximum sentence of four years' imprisonment.
The bills would take effect 90 days after their enactment. Senate Bill 488 (S-1) is tie-barred to Senate Bill 487.
Proposed MCL 791.269b (S.B. 487) Legislative Analyst: Patrick Affholter
MCL 777.17f (S.B. 488)
FISCAL IMPACT
Senate Bill 487 could result in costs to State
and local government. An increase in arrests would place incremental resource
demands on local court systems, law enforcement, and prisons. For any new
felony convictions that resulted in the offenders being sent to prison,
the marginal cost to State government would be approximately $4,100 per
additional prisoner per year. Any associated increase in fine revenue would be
dedicated to public libraries.
Including the proposed felony in the sentencing guidelines would have an indeterminate fiscal impact on the State, in light of the Michigan Supreme Court's July 2015 opinion in People v. Lockridge (in which the Court struck down portions of the sentencing guidelines law). According to one interpretation of that decision, the sentencing guidelines are advisory for all cases, which means that the addition to the guidelines under Senate Bill 488 (S-1) would not be compulsory for the sentencing judge. As penalties for felony convictions vary, the fiscal impact of any given felony conviction would depend on judicial decisions.
Date Completed: 10-23-15 Fiscal Analyst: Ryan Bergan
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.