SB 282: RELATING TO UNCREWED AIRCRAFT OFFENSES.

A BILL FOR AN ACT

RELATING TO UNCREWED AIRCRAFT OFFENSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 711-1121, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (1) to read:

     "(1)  A person commits the offense of misuse of uncrewed aircraft in the first degree if the person intentionally or knowingly:

     (a)  Equips or arms an uncrewed aircraft with a firearm, explosive, electric gun, or weapon of mass destruction;

     (b)  Possesses, receives, transfers, operates, or produces an uncrewed aircraft that is equipped or armed with a firearm, explosive, electric gun, or weapon of mass destruction;

     (c)  Discharges or deploys a firearm, explosive, electric gun, or weapon of mass destruction using an uncrewed aircraft;

     (d)  Operates an uncrewed aircraft and thereby intentionally, knowingly, or recklessly interferes with or disrupts the operation of any manned aircraft;

     (e)  Uses an uncrewed aircraft to transport and introduce, or to attempt to transport and introduce, contraband, drugs, or dangerous instruments into a prison; [or]

     (f)  Operates an uncrewed aircraft and thereby causes serious bodily injury to another person[.]; or

     (g)  Uses an uncrewed aircraft in furtherance of the commission of a felony."

     2.  By amending subsection (3) to read:

     "(3)  Subsection (1)(a), (b), (c), (d), and [(g)] (f) shall not apply to any police officer, deputy sheriff, adult corrections officer, correctional worker, or fire department personnel acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government."

     SECTION 2.  Section 711-1123, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of misuse of uncrewed aircraft in the third degree if the person intentionally, knowingly, or recklessly:

     (a)  Removes, obliterates, alters, or tampers with the identification or registration number of an uncrewed aircraft;

     (b)  Operates an uncrewed aircraft and thereby obstructs, impairs, or hinders the performance of a police officer, deputy sheriff, or fire department personnel acting under color of their official authority;

     (c)  Operates an uncrewed aircraft and thereby causes bodily injury to another person;

     (d)  Operates an uncrewed aircraft and thereby damages the property of another, without the other's consent, in an amount exceeding $750;

     (e)  Operates an uncrewed aircraft while under the influence of an intoxicant; or

     (f)  Operates an uncrewed aircraft after the person's license, certificate, or privilege to operate an uncrewed aircraft has been revoked, suspended, or otherwise restricted by the issuing governmental authority[; or

     (g)  Uses an uncrewed aircraft in furtherance of the commission of a felony]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Honolulu Prosecuting Attorney Package; Uncrewed Aircraft; Criminal Offenses

Description:

Increases the penalty for using an uncrewed aircraft in the furtherance of the commission of a felony.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 129

Honolulu, Hawaii

RE:    S.B. No. 282

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 282 entitled:

"A BILL FOR AN ACT RELATING TO UNCREWED AIRCRAFT OFFENSES,"

begs leave to report as follows:

     The purpose and intent of this measure is to increase the penalty for using an uncrewed aircraft in the furtherance of the commission of a felony.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney for the City and County of Honolulu and one member of the Kauai County Council.

     Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

     Your Committee finds that with the increasing use of uncrewed aircraft, also known as drones, for recreation, there has also been an increased use of drones to commit and enable a felony.  While there is existing statute that classifies the use of an uncrewed aircraft to commit a felony as a class C felony, this statute downgrades any felony of a higher sentence committed with the use of an uncrewed aircraft.  Accordingly, this measure will provide for proper penalties for severe felonies committed with this type of emerging technology.

     As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 282 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,