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HB638

Trespass; use of an unmanned aircraft system, penalty.

Status:
Enacted

Chief Patron:
Chris Collins (R)

Session:
2018 Regular Session

Summary

As Passed Both Chambers. Trespass; unmanned aircraft system; penalty.

Provides that any person who knowingly and intentionally causes an unmanned aircraft system to enter the property of another and come within 50 feet of a dwelling house (i) to coerce, intimidate, or harass another person or (ii) after having been given notice to desist, for any other reason, is guilty of a Class 1 misdemeanor. The bill also provides that any person who is required to register with the Sex Offender and Crimes Against Minors Registry who uses or operates an unmanned aircraft system to knowingly and intentionally (a) follow or contact another person without such person's permission or (b) capture images of another person without such person's permission when such images render the person recognizable is guilty of a Class 1 misdemeanor. Additionally, any respondent of a permanent protective order who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of any individual named in the protective order is guilty of a Class 1 misdemeanor. The bill also repeals the expiration of the prohibition on local regulation of privately owned, unmanned aircraft systems, clarifies the scope of such prohibition, and clarifies that such prohibition extends to all political subdivisions and not only to localities. This bill is identical to SB 526. (Less)
  • Bill History

  • 01/09/2018 - House: Prefiled and ordered printed; offered 01/10/18 18104458D
  • 01/09/2018 - House: Referred to Committee for Courts of Justice
  • 01/16/2018 - House: Assigned Courts sub: Subcommittee #1
  • 02/01/2018 - House: Impact statement from DPB (HB638)
  • 02/02/2018 - House: Subcommittee recommends reporting with substitute (6-Y 1-N)
  • 02/05/2018 - House: Reported from Courts of Justice with substitute (15-Y 3-N)
  • 02/05/2018 - House: Committee substitute printed 18106649D-H1
  • 02/07/2018 - House: Read first time
  • 02/07/2018 - House: Impact statement from DPB (HB638H1)
  • 02/08/2018 - House: Read second time
  • 02/08/2018 - House: Committee substitute agreed to 18106649D-H1
  • 02/08/2018 - House: Engrossed by House - committee substitute HB638H1
  • 02/09/2018 - House: Read third time and passed House (80-Y 19-N)
  • 02/09/2018 - House: VOTE: PASSAGE (80-Y 19-N)
  • 02/12/2018 - Senate: Constitutional reading dispensed
  • 02/12/2018 - Senate: Referred to Committee for Courts of Justice
  • 02/14/2018 - Senate: Reported from Courts of Justice with substitute (12-Y 0-N 1-A)
  • 02/14/2018 - Senate: Committee substitute printed 18107238D-S1
  • 02/16/2018 - House: Impact statement from DPB (HB638S1)
  • 02/16/2018 - Senate: Constitutional reading dispensed (38-Y 0-N)
  • 02/19/2018 - Senate: Read third time
  • 02/19/2018 - Senate: Reading of substitute waived
  • 02/19/2018 - Senate: Committee substitute agreed to 18107238D-S1
  • 02/19/2018 - Senate: Engrossed by Senate - committee substitute HB638S1
  • 02/19/2018 - Senate: Passed Senate with substitute (40-Y 0-N)
  • 02/21/2018 - House: Placed on Calendar
  • 02/21/2018 - House: Senate substitute rejected by House 18107238D-S1 (0-Y 99-N)
  • 02/21/2018 - House: VOTE: REJECTED (0-Y 99-N)
  • 02/23/2018 - Senate: Senate insisted on substitute (38-Y 0-N)
  • 02/23/2018 - Senate: Senate requested conference committee
  • 02/26/2018 - House: House acceded to request
  • 02/27/2018 - House: Conferees appointed by House
  • 02/27/2018 - House: Delegates: Collins, Bell, Robert B., Herring
  • 02/27/2018 - Senate: Conferees appointed by Senate
  • 02/27/2018 - Senate: Senators: Obenshain, Stanley, Lucas
  • 03/05/2018 - Conference: Amended by conference committee
  • 03/05/2018 - House: Conference substitute printed 18107914D-H2
  • 03/06/2018 - Senate: Conference report agreed to by Senate (40-Y 0-N)
  • 03/07/2018 - House: Impact statement from DPB (HB638H2)
  • 03/08/2018 - House: Conference report agreed to by House (81-Y 14-N 1-A)
  • 03/08/2018 - House: VOTE: ADOPTION (81-Y 14-N 1-A)
  • 03/10/2018 - House: Enrolled
  • 03/10/2018 - House: Bill text as passed House and Senate (HB638ER)
  • 03/10/2018 - House: Signed by Speaker
  • 03/12/2018 - House: Impact statement from DPB (HB638ER)
  • 03/12/2018 - Senate: Signed by President
  • 03/20/2018 - House: Enrolled Bill communicated to Governor on March 20, 2018
  • 03/20/2018 - Governor: Governor's Action Deadline Midnight, April 9, 2018
  • 04/09/2018 - House: Governor's recommendation received by House
  • 04/18/2018 - House: Passed by Governor's recommendation #'s 1 and 2 agreed to
  • 04/18/2018 - House: House concurred in Governor's recommendation to amendments #3 and 4 (95-Y 0-N 1-A)
  • 04/18/2018 - House: VOTE: ADOPTION (95-Y 0-N 1-A)
  • 04/18/2018 - Senate: Senate concurred in Governor's recommendation (38-Y 0-N 1-A)
  • 04/18/2018 - Senate: Reconsideration of Governor's recommendation agreed to (38-Y 0-N)
  • 04/18/2018 - Senate: Senate concurred in Governor's recommendation (39-Y 0-N)
  • 04/18/2018 - Governor: Governor's recommendation adopted in-part
  • 04/18/2018 - House: Communicated to Governor
  • 04/18/2018 - House: Reenrolled bill text (HB638ER2)