Police authority to disable drones threatening public safety and providing a penalty, the official text

2025 - 2026 LEGISLATURE
LRB-5006/1
ZDW:klm

2025 ASSEMBLY BILL 629
November 7, 2025 - Introduced by Representatives Wichgers, Behnke, Dittrich, Goeben, Knodl, Kurtz, Melotik, Murphy and Mursau, cosponsored by Senators Bradley, Jacque, Marklein and Nass. Referred to Committee on Criminal Justice and Public Safety.

An Act to renumber and amend 114.045; to create 114.045 (1m), 114.045 (2m) (bm) and 114.045 (3m) of the statutes; relating to: police authority to disable drones threatening public safety and providing a penalty.

Analysis by the Legislative Reference Bureau
This bill provides that a law enforcement officer may do any of the following to mitigate the threat posed by a drone that the officer reasonably suspects poses an imminent threat to public safety: 1) detect, track, and identify the drone; and 2) intercept, disable, or destroy the drone through any lawful method, including jamming, hacking, or physically capturing the drone. The bill provides that neither the law enforcement officer nor the agency that employs them is financially liable for damage to or loss of a drone that is intercepted, disabled, or destroyed.
Under current law, no person may operate a drone over a correctional institution without the express permission of the secretary of corrections. A person who violates this prohibition is subject to a forfeiture of $5,000. This bill provides that a person who violates this prohibition by use of a weaponized drone, the use of which poses a threat to public safety, is guilty of a Class H felony. “Weaponized drone” is defined to mean a drone equipped with a taser, firearm, flamethrower, chemical, or explosive device.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 114.045 of the statutes is renumbered 114.045 (2m) and amended to read:
114.045 (2m) (a) No person may operate a drone, as defined in s. 941.292 (1), over a correctional institution, as defined in s. 801.02 (7) (a) 1., including any grounds of the institution, except that a person may operate a drone over an institution that is a state facility with the express authorization of the secretary of corrections or his or her designee or over an institution that is a county facility with the express authorization of the sheriff of the county or his or her designee.
(b) Any person who violates sub. (1) par. (a) may be required to forfeit not more than $5,000.
(c) A law enforcement officer investigating an alleged violation of sub. (1) par. (a) shall seize and transfer to the department of corrections or authority in charge of the correctional institution any photograph, motion picture, other visual representation, or data that represents a visual image that was created or recorded by a drone during an alleged violation of sub. (1) par. (a).
Section 2. 114.045 (1m) of the statutes is created to read:
114.045 (1m) In this section:
(a) “Drone” has the meaning given in s. 941.292 (1).
(b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
(c) “Weaponized drone” means a drone that is equipped with a taser, firearm, flamethrower, chemical, or explosive device.
Section 3. 114.045 (2m) (bm) of the statutes is created to read:

114.045 (2m) (bm) Any person who violates par. (a) by use of a weaponized drone, the use of which poses a threat to public safety, is guilty of a Class H felony.
Section 4. 114.045 (3m) of the statutes is created to read:
114.045 (3m) (a) A law enforcement officer may do any of the following to mitigate the threat posed by a drone that the law enforcement officer reasonably suspects poses an imminent threat to public safety:
1. Detect, track, and identify the drone.
2. Intercept, disable, or destroy the drone through any lawful method, including jamming, hacking, or physically capturing the drone, if the law enforcement officer reasonably believes that failure to do so would result in a greater threat to public safety than intercepting, disabling, or destroying the drone.
(b) Neither the law enforcement officer nor the agency that employs them shall be financially liable for damage to or loss of a drone that is intercepted, disabled, or destroyed under par. (a) 2.
(end)