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HB 5275

DRONE SAFETY & INTERFERENCE

104th Regular Session Introduced by Angie Guerrero-Cuellar

The bill strengthens Illinois drone safety by prohibiting risky drone operations at emergency scenes and near correctional facilities, with penalties and funding for counter-drone

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 5275

Summary of HB 5275 (Illinois, 104th Session) — Drone Safety & Interference Prevention Act

Note: This summary reflects Amendment No. 1 filed by Rep. Angelica Guerrero-Cuellar, as described in the bill text provided.

1) Purpose and Intent

  • The Act aims to strengthen State-level safety and security around drone operations, particularly in critical contexts such as emergency scenes and correctional facilities.
  • It seeks to supplement, not replace, federal authority, by using Illinois’ traditional police powers to address unlawful drone activity while protecting privacy and constitutional rights.
  • Key policy goals include reducing unlawful drone operations that threaten public safety, emergency responders, and correctional facilities; deterring improper use of drone imagery obtained in violation of the law; and enabling targeted enforcement and counter-drone capabilities funded by penalties.

2) Key Provisions and Changes

Definitions (Section 10)

  • Establishes terms used throughout the Act, including:
    • Drone, Operator, Part 107 waiver (FAA deviation), Bodily harm, Contraband, Emergency response activity, and several weapon/projection terms aligned with the Criminal Code.
    • Clarifies that “Person” generally includes private individuals/entities, but not governmental agencies for certain purposes.
    • Distinguishes private actors from public agencies for enforcement purposes.

Interfering Drone Operations at Emergency Scenes (Section 15)

  • Prohibits drone operation that:
    • Occurs below 200 feet AGL; and
    • Is within 400 feet of an identifiable emergency response activity; and
    • Obstructs, distracts, or creates a safety hazard to responders or the scene.
  • Prohibits using or disseminating images obtained in violation of the above.
  • Allows lawful photography/recording where drone operation does not meet all prohibited elements.
  • Clarifies that regulation does not apply to the airspace/navigational aspects regulated by the FAA.
  • Penalty: Class A misdemeanor for violation; each flight/offense is a separate offense; separate acts of sharing images are separately offenseable.

Private Use Restrictions (Section 20)

  • Prohibits private operators from equipping or using drones with firearms, weaponized lasers, kinetic impact projectiles, chemical agents/irritants, or any lethal/non-lethal projectiles.
  • Penalties:
    • Class A misdemeanor if no bodily harm results.
    • Class 4 felony if bodily harm occurs.
  • Preserves compatibility with federal law and does not preempt federal authority.

Operation Over Correctional Facilities (Section 25)

  • Prohibits knowingly operating a drone to:
    • Fly over a correctional facility under 400 feet AGL within 250 feet horizontally; or
    • Make contact with the facility; or
    • Deliver/attempt to deliver contraband.
  • Defines prohibited horizontal distance boundaries; requires posted boundary notices per IDOT/DOT guidelines.
  • Penalty: Class C misdemeanor for most violations; delivering contraband may carry penalties per existing Criminal Code provisions.
  • Exceptions for facility employees acting within scope, or with prior written permission, or operations conducted with valid FAA authorization (Part 107 waiver) as long as not satisfying all emergency-scene criteria.

Seizure of Drones (Section 30)

  • Allows law enforcement to seize drones and related equipment with probable cause of violating the Act.
  • Forfeiture procedures align with existing Illinois statutes; if forfeiture does not apply, drone/equipment must be returned.
  • Data/images seized cannot be retained unless probable cause for crime is shown and a hearing occurs; retention standards include deletion timelines (30 days after hearing if not implicated in ongoing investigation).

Civil Immunity (Section 35)

  • Grants qualified civil immunity to the State, units of local government, and law enforcement when enforcing the Act, provided actions are reasonable and in good faith.

Enforcement, Construction, and Related Provisions (Sections 40, 45, 50, 55, 60, 97, 99)

  • Enforcement by State and local law enforcement.
  • Clarifies non-preemption of FAA authority and compatibility with other drone-related laws (Aeronautics Act, Drone-related provisions in Criminal Code, etc.).
  • Fines and civil penalties collected under the Act are deposited into the State Police Enforcement Fund.
  • Funds at ISP to support grants for drone detection, counter-drone equipment, and training for enforcement at facilities and public safety initiatives.
  • ISP, in consultation with IDOT, may adopt rules governing implementation (e.g., detection tech standards, signage, counter-drone training, coordination with federal authorities).
  • Annual reporting of enforcement data via ISP’s Uniform Crime Reporting program.

Efficacy and Severability (Sections 97, 99)

  • Provisions are severable; Act takes effect January 1, 2027.

3) Who/What is Affected

  • Private drone operators and entities operating within Illinois.
  • Law enforcement agencies and emergency responders in Illinois (enforcement and counter-drone capabilities).
  • Correctional facilities and personnel (overflight/contraband delivery prohibitions).
  • Private-sector and public entities operating drones with FAA Part 107 waivers or written authorization, provided compliance with safety/limitations.
  • Illinois Department of Transportation, Division of Aeronautics (regulatory coordination).

4) Procedural and Timeline Aspects

  • Effective date: January 1, 2027.
  • Enforcement and rulemaking: ISP, with DOT coordination, authorized to promulgate necessary rules for implementation.
  • Penalties accrue per flight/opportunity and per image-sharing incident; data retention limited to probable-cause contexts and subject to hearing procedures.
  • Annual enforcement reporting to be incorporated into ISP’s Uniform Crime Reporting program.

5) Potential Impacts and Considerations

  • Enhances state-level deterrence and enforcement against unsafe drone operations at emergency scenes and near correctional facilities.
  • Creates a framework for counter-drone capabilities funded by penalties, potentially accelerating adoption of detection and mitigation technologies.
  • Balances safety with privacy by allowing lawful reporting and limiting data retention absent probable cause.
  • Keeps alignment with federal authority, avoiding preemption of FAA airspace regulation and Part 107 waivers under specified conditions.
  • Could raise compliance burdens for private drone operators and create additional penalties for violations affecting public safety.

Compiled from official sources — confirm details with the bill’s official record.

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