HB-5494, As Passed Senate, December 13, 2018

HB-5494, As Passed House, March 22, 2018

House Bill No. 5494 as amended March 21, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5494

     A bill to amend 2016 PA 436, entitled

"Unmanned aircraft systems act,"

(MCL 259.301 to 259.331) by adding section 20.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 20. (1) A person is guilty of an offense committed with

the aid of an unmanned aircraft system if the unmanned aircraft

system is under the person's control and the activity performed

with the aid of the unmanned aircraft system would have given rise

to criminal liability under the penal law of this state if it was

performed directly by the person without the aid of an unmanned

aircraft system.

     (2) Notwithstanding subsection (1), and except as provided in

sections 21 and 22 [and section 45a(1) of the Michigan penal code, 1931

 PA 328, MCL 750.45a], solely flying an unmanned aircraft system

through navigable airspace in accordance with federal law does not

House Bill No. 5494 as amended March 21, 2018

give rise to criminal liability under the penal law of this state.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law

[Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5495 of the 99th Legislature is enacted into

law.]