Adds to existing law to establish provisions regarding unmanned aircraft systems near Department of Correction facilities.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 522 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO UNMANNED AIRCRAFT SYSTEMS; AMENDING CHAPTER 2, TITLE 20, IDAHO2 CODE, BY THE ADDITION OF A NEW SECTION 20-251, IDAHO CODE, TO DEFINE3 TERMS AND TO ESTABLISH PROVISIONS REGARDING UNMANNED AIRCRAFT SYSTEMS4 NEAR DEPARTMENT OF CORRECTION FACILITIES; AND DECLARING AN EMERGENCY5 AND PROVIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Chapter 2, Title 20, Idaho Code, be, and the same is8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-9 ignated as Section 20-251, Idaho Code, and to read as follows:10 20-251. UNMANNED AIRCRAFT SYSTEMS NEAR DEPARTMENT OF CORRECTION FA-11 CILITIES. (1) As used in this section:12 (a) "Mitigation measures" means actions, such as jamming, that are13 taken to cause electronic interference to neutralize, intercept, dis-14 able, or disrupt an unmanned aircraft system in order to prevent illegal15 or harmful activity.16 (b) "Nefarious manner" means a manner in which an unmanned aircraft17 system is used for an illegal, dangerous, or harmful purpose. Such18 purpose may include but is not limited to spying, smuggling contraband,19 facilitating criminal activity, or posing a direct threat to public20 safety or security of a correctional facility.21 (c) "Restricted airspace" means the airspace from the surface to a22 height of four hundred (400) feet above ground level within the defined23 perimeter of a correctional facility.24 (2) The department of correction or a law enforcement officer or agency25 may take reasonable and necessary mitigation measures against a threat posed26 by an unmanned aircraft system operating in a nefarious manner within re-27 stricted airspace within this state. Such measures may include but are not28 limited to:29 (a) The use of detection, tracking, and identification methods; and30 (b) The interception or disabling of an unmanned aircraft system31 through legal and safe methods, including but not limited to jamming,32 hacking, or physical capture.33 (3) The department of correction or a law enforcement officer or agency34 may act pursuant to subsection (2) of this section only if there is reason-35 able suspicion that the unmanned aircraft system is operating in a nefarious36 manner within the restricted airspace of any department of correction facil-37 ity where prisoners are held. The department of correction or a law enforce-38 ment officer or agency shall not be liable for any loss of or damage to an39 unmanned aircraft system due to mitigation measures taken pursuant to this40 section. The department of correction shall post notices on roads near cor-41 rectional facilities that the area is a "Drone No Fly Zone."42

2 (4) The use of an unmanned aircraft system within the restricted1 airspace of a correctional facility shall be unlawful. Whoever commits the2 crime of unlawful use of an unmanned aircraft system within the restricted3 airspace of a correctional facility shall be guilty of a misdemeanor and4 shall be fined no less than two thousand dollars ($2,000) and no more than5 five thousand dollars ($5,000) or imprisoned for no more than one (1) year.6 In addition to the sentence imposed pursuant to this subsection, the court7 shall order the forfeiture of the unmanned aircraft system used in connec-8 tion with the unlawful act.9 (5) It shall be the responsibility of unmanned aircraft system opera-10 tors to be familiar with all airspace restrictions and the location of cor-11 rectional facilities and all other restricted airspace when operating un-12 manned aircraft systems. Lack of knowledge that the prohibited act occurred13 within the restricted airspace of the correctional facility shall not be a14 defense.15

SECTION 2. An emergency existing therefor, which emergency is hereby16 declared to exist, this act shall be in full force and effect on and after17 July 1, 2026.18