Amended in Assembly April 3, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1327

Introduced by Assembly Members Gorell and Bradford

February 22, 2013

An act to add Title 14 (commencing with Section 14350) to Part 4 of the Penal Code, relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

AB 1327, as amended, Gorell. Unmanned aircraft systems.

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.

This bill would generally prohibit public agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, with certain exceptions applicable to law enforcement agencies and in certain other cases. The bill would require the acquisition of an unmanned aircraft system, or a contract for the use of an unmanned aircraft system, for authorized purposes begin insert by a local public agency end insert to be subject to the specific approval of the applicable begin insert local end insert public agency’s legislative body. The bill would require begin delete the end delete begin insert a local end insert legislative body, in approving the acquisition or purchase, to also adopt policies governing the use and deployment of the unmanned aircraft system. begin insert The bill would require a state agency that uses an unmanned aircraft system, or contracts for the use of an unmanned aircraft system, to provide, no later than January 1 of each year, an annual report to the Governor that includes, but is not limited to, the agency’s acquisitions, purchases, rentals, or leases of unmanned aircraft systems. end insert

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Because this bill would expand the duties of local law enforcement officials and local public officials and the scope of existing investigatory activities, the bill would impose a state-mandated local program.

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begin insert The bill would authorize CAL-FIRE to use unmanned aircraft systems, or contract for the use of unmanned aircraft systems, for fire-related activities end insert begin insert . end insert The bill would require reasonable public notice to be provided by begin insert public end insert agencies intending to deploy unmanned aircraft systems, as specified. The bill would require images, footage, or data obtained through the use of an unmanned aircraft system under these provisions to be permanently destroyed within 10 days, except to the extent required as evidence of a crime, part of an ongoing investigation of a crime, or for training purposes, or pursuant to an order of a court. begin insert The bill would prohibit a person or entity, including a public agency subject to these provisions, or a person or entity under contract to a public agency, for the purpose of that contract, from equipping or arming an unmanned aircraft system with a weapon or other device that may be carried by or launched from an unmanned aircraft system and that may cause bodily injury or death, or damage to, or the destruction of, real or personal property. end insert

This bill would also prohibit a person or entity, other than a public agency subject to the above provisions or a person or entity under contract to a public agency, for the purpose of that contract, from using an unmanned aircraft system, or contracting for the use of an unmanned aircraft system, for the purpose of surveillance of another person without that person’s consent. The bill would provide that a person who is subject to surveillance without consent may seek and obtain an injunction prohibiting the use of images, footage, or data related to the person that was obtained through the surveillance, and would provide for the awarding of liquidated damages of five thousand dollars ($5,000) for each day of surveillance and any actual damages in excess of that amount.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

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With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Title 14 (commencing with Section 14350) is
added to Part 4 of the Penal Code, to read:

 

Title 14.  UNMANNED AIRCRAFT SYSTEMS

 

14350.  

(a) A public agency shall not use an unmanned aircraft
system, or contract for the use of an unmanned aircraft system,
except as provided in this title.

(b) A law enforcement agency may use an unmanned aircraft
system, or contract for the use of an unmanned aircraft system, if
it has a reasonable expectation that the unmanned aircraft system
will collect evidence relating to criminal activity and if it has
obtained a warrant based on probable cause pursuant to this code.

(c)  begin insert (1) end insert begin insert   end insert A law enforcement agency, without obtaining a warrant,
may use an unmanned aircraft system, or contract for the use of
an unmanned aircraft system, in emergency situations, including,
but not limited to, fires, hostage crises, begin insert “hot pursuit” situations, end insert
and search and rescue operations on land or water.

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(2) A law enforcement agency, without obtaining a warrant,
may use an unmanned aircraft system, or contract for the use of
an unmanned aircraft system, to conduct traffic accident
investigations or to inspect state parks for illegal vegetation.

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(d) (1) Except as otherwise provided in paragraph (2), a law
enforcement agency may use an unmanned aircraft system, or
contract for the use of an unmanned aircraft system, to block,
interfere with, or otherwise control communication or data signals
of electronic devices only if it has obtained an order of a court
upon a showing of good cause.

(2) The requirement for a court order shall not apply in
circumstances involving an imminent threat to persons or property,
provided that the unmanned aircraft system is deployed for a
maximum duration not to exceed begin delete two end delete begin insert six end insert hours.

(e)  begin insert (1) end insert begin insert   end insert A public agency may use an unmanned aircraft system,
or contract for the use of an unmanned aircraft system, for the
purposes of geological inspections related to the mission of the
agency begin insert or for the purpose of detecting oil spills end insert .

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(2) CAL-FIRE may use unmanned aircraft systems, or contract
for the use of unmanned aircraft systems, for fire-related activities.

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14351.  

begin insert (a) end insert begin insert   end insert The acquisition of an unmanned aircraft system,
or a contract for the use of an unmanned aircraft system, for
purposes authorized by this title begin insert by a local public agency end insert shall be
subject to the specific approval of the applicable begin insert local end insert public
agency’s legislative body. The begin insert local end insert legislative body, in approving
the acquisition or purchase, shall also adopt policies governing the
use and deployment of the unmanned aircraft system, consistent
with this title. begin delete In the case of a state agency, the legislative body
shall be the Legislature. end delete

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(b) A state agency that uses an unmanned aircraft system, or
contracts for the use of an unmanned aircraft system, shall provide,
no later than January 1 of each year, an annual report to the
Governor that includes, but is not limited to, the agency’s
acquisitions, purchases, rentals, or leases of unmanned aircraft
systems.

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14352.  

A public agency that uses an unmanned aircraft system,
or contracts for the use of an unmanned aircraft system, pursuant
to this title shall first provide reasonable notice to the public.
Reasonable notice shall, at a minimum, consist of a one-time
announcement regarding the agency’s intent to deploy unmanned
aircraft system technology and a description of the technology’s
capabilities.

14353.  

(a) Images, footage, or data obtained by a public agency
through the use of an unmanned aircraft system authorized pursuant
to this title shall be permanently destroyed within 10 days, except
to the extent required as evidence of a crime, part of an ongoing
investigation of a crime, or for training purposes, or pursuant to
an order of a court.

(b) Images, footage, or data retained by a public agency shall
be open to public inspection, unless expressly exempt by law.

14354.  

(a) A person or entity, other than a public agency
subject to Section 14350 or a person or entity under contract to a
public agency, for the purpose of that contract, shall not use an
unmanned aircraft system, or contract for the use of an unmanned
aircraft system, for the purpose of surveillance of another person
without that person’s consent.

(b) A person who is subject to surveillance without consent may
seek and obtain an injunction prohibiting the use of images,
footage, or data related to the person that was obtained through
the surveillance. The person shall also be awarded liquidated
damages of five thousand dollars ($5,000) for each day of
surveillance and any actual damages in excess of that amount.

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begin insert 14354.5. end insert   

A person or entity, including a public agency subject
to Section 14350 or a person or entity under contract to a public
agency, for the purpose of that contract, shall not equip or arm
an unmanned aircraft system with a weapon or other device that
may be carried by or launched from an unmanned aircraft system
and that may cause bodily injury or death, or damage to, or the
destruction of, real or personal property.

end insert

14355.  

Nothing in this title is intended to conflict with or
supersede federal law, including rules and regulations of the
Federal Aviation Administration.

14356.  

“Unmanned aircraft system” means an unmanned
aircraft and associated elements, including communication links
and the components that control the unmanned aircraft, that are
required for the pilot in command to operate safely and efficiently
in the national airspace system.

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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