1. 1. A person commits the offense of unlawful use of unmanned aircraft over a mental health hospital if he or she purposely:

   1. (1) Operates an unmanned aircraft within a vertical distance of four hundred feet over the mental health hospital's property line; or
   2. (2) Uses an unmanned aircraft to deliver to a person confined in a mental health hospital any object described in subdivision (1) or (3) of subsection 6 of this section.
2. 2. For the purposes of subsection 1 of this section, vertical distance extends from ground level.
3. 3. For purposes of this section, "mental health hospital" shall mean a facility operated by the department of mental health to provide inpatient evaluation, treatment, or care to persons suffering from a mental disorder, as defined under section 630.005; mental illness, as defined under section 630.005; or mental abnormality, as defined under section 632.480.

4. 4. The provisions of this section shall not prohibit the operation of an unmanned aircraft by:

   1. (1) An employee of the mental health hospital at the direction of the chief administrative officer of the mental health hospital;
   2. (2) A person who has written consent from the chief administrative officer of the mental health hospital;
   3. (3) An employee of a law enforcement agency, fire department, or emergency medical service in the exercise of official duties;
   4. (4) A government official or employee in the exercise of official duties;

   5. (5) A public utility or a rural electric cooperative if:

      1. (a) The unmanned aircraft is used for the purpose of inspecting, repairing, or maintaining utility transmission or distribution lines or other utility equipment or infrastructure;
      2. (b) The utility notifies the mental health hospital before flying the unmanned aircraft, except during an emergency; and
      3. (c) The person operating the unmanned aircraft does not physically enter the prohibited space without an escort provided by the mental health hospital;
   6. (6) An employee of a railroad in the exercise of official duties on any land owned or operated by a railroad corporation regulated by the Federal Railroad* Administration; or
   7. (7) A person operating an unmanned aircraft pursuant to and in compliance with any waiver issued by the Federal Aviation Authority under 14 CFR Section 107.200.
5. 5. Each mental health hospital shall post a sign warning of the provisions of this section. The sign shall be at least eleven inches by fourteen inches and posted in a conspicuous place.

6. 6. The offense of unlawful use of unmanned aircraft over a mental health hospital shall be punishable as an infraction unless the person uses an unmanned aircraft for the purpose of:

   1. (1) Delivering a gun, knife, weapon, or other article that may be used in such manner to endanger the life of a patient or mental health hospital employee, in which case the offense is a class B felony;
   2. (2) Facilitating an escape from commitment or detention under section 575.195, in which case the offense is a class C felony; or
   3. (3) Delivering a controlled substance, as that term is defined under section 195.010, in which case the offense is a class D felony.

(L. 2020 H.B. 1963 § 632.460)

*Word "Railway" appears in original rolls.