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 by a local public agency to be subject to the specific approval of the applicable local public agency’s legislative body. The bill would require a local legislative body, in approving the acquisition or purchase, to also adopt policies governing the use and deployment of the unmanned aircraft system. 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.
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.
The bill would authorizebegin delete CAL-FIREend deletebegin insert
the Department of Forestry and Fire Protection (CAL-FIRE)end insert to use unmanned aircraft systems, or contract for the use of unmanned aircraft systems, for fire-related activities. The bill would require reasonable public notice to be provided by public 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,begin insert as specified,end insert or pursuant to an order of a court. 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.
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.begin insert The bill would require that the restrictions that apply to the use of an unmanned aircraft system by a law enforcement agency also apply to any person, entity, or public agency that uses, operates, or contracts for an unmanned aircraft system.end insert
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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Title 14 (commencing with Section 14350) is
2added to Part 4 of the Penal Code, to read:
3
(a) A public agency shall not use an unmanned aircraft
7system, or contract for the use of an unmanned aircraft system,
8except as provided in this title.
9(b) A law enforcement agency may use an unmanned aircraft
10system, or contract for the use of an unmanned aircraft system, if
11it has a reasonable expectation that the unmanned aircraft system
12will collect evidence relating to criminal activity and if it has
13obtained a warrant based on probable cause pursuant to this code.
14(c) (1) A law enforcement agency, without obtaining a warrant,
15may use an unmanned aircraft system, or contract for the use of
16an
unmanned aircraft system, in emergency situations, including,
17but not limited to, fires, hostage crises, “hot pursuit” situations,
18and search and rescue operations on land or water.
19(2) A law enforcement agency, without obtaining a warrant,
20may use an unmanned aircraft system, or contract for the use of
21an unmanned aircraft system, to conduct traffic accident
22investigations or to inspect state parks for illegal vegetation.
P4 1(d) (1) Except as otherwise provided in paragraph (2), a law
2enforcement agency may use an unmanned aircraft system, or
3contract for the use of an unmanned aircraft system, to block,
4interfere with, or otherwise control communication or data signals
5of electronic devices only if it has obtained an order of a court
6begin delete upon a showing of good causeend deletebegin insert
pursuant to Section 2518 of Title
718 of the United States Codeend insert.
8(2) The requirement for a court orderbegin insert pursuant to paragraph
9(1)end insert shall not apply in circumstances involving an imminent threat
10to persons or property, provided that the unmanned aircraft system
11is deployed for a maximum duration not to exceed six hours.
12(e) (1) A public agency may use an unmanned aircraft system,
13or contract for the use of an unmanned aircraft system, for the
14purposes of geological inspections related to the mission of the
15agency or for the purpose of detecting oil spills.
16(2) CAL-FIRE may use
unmanned aircraft systems, or contract
17for the use of unmanned aircraft systems, for fire-related activities.
(a) The acquisition of an unmanned aircraft system,
19or a contract for the use of an unmanned aircraft system, for
20purposes authorized by this title by a local public agency shall be
21subject to the specific approval of the applicable local public
22agency’s legislative body. The local legislative body, in approving
23the acquisition or purchase, shall also adopt policies governing the
24use and deployment of the unmanned aircraft system, consistent
25with this title.
26(b) A state agency that uses an unmanned aircraft system, or
27contracts for the use of an unmanned aircraft system, shall provide,
28no later than January 1 of each year, an annual report to the
29Governor that
includes, but is not limited to, the agency’s
30acquisitions, purchases, rentals, or leases of unmanned aircraft
31systems.
A public agency that uses an unmanned aircraft system,
33or contracts for the use of an unmanned aircraft system, pursuant
34to this title shall first provide reasonable notice to the public.
35Reasonable notice shall, at a minimum, consist of a one-time
36announcement regarding the agency’s intent to deploy unmanned
37aircraft system technology and a description of the technology’s
38capabilities.
(a) Images, footage, or data obtained by a public agency
40through the use of an unmanned aircraft system authorized pursuant
P5 1to this title shall be permanently destroyed within 10 days, except
2to the extent required as evidence of a crime, part of an ongoing
3investigation of a crime, or for training purposes, or pursuant to
4an order of a court.
5(b) begin insert(1)end insertbegin insert end insertImages, footage, or data retained by a public agency
6shall be open to public inspection, unless expressly exempt by law.
7(2) Images, footage, or data retained for training purposes shall
8be used only for the education and instruction of an agency’s
9employees and for no other purpose.
(a) begin insert(1)end insertbegin insert end insertA person or entity, other than a public agency
11subject to Section 14350 or a person or entity under contract to a
12public agency, for the purpose of that contract, shall not use an
13unmanned aircraft system, or contract for the use of an unmanned
14aircraft system, for the purpose of surveillance of another person
15without that person’s consent.
16(2) A law enforcement agency shall only view data gathered by
17a person or entity, other than a public agency subject to Section
1814350, or a person under
contract to a public agency, if the law
19enforcement agency has obtained a warrant or has the permission
20or approval of that person or entity, or person under contract to
21a public agency, provided that the data gathered by the person or
22entity was lawfully obtained.
23(b) A person who is subject to surveillance without consent may
24seek and obtain an injunction prohibiting the use of images,
25footage, or data related to the person that was obtained through
26the surveillance. The person shall also be awarded liquidated
27damages of five thousand dollars ($5,000) for each day of
28surveillance and any actual damages in excess of that amount.
A person or entity, including a public agency subject
30to Section 14350 or a person or entity under contract to a public
31agency, for the purpose of that contract, shall not equip or arm an
32unmanned aircraft system with a weapon or other device that may
33be carried by or launched from an unmanned aircraft system and
34that may cause bodily injury or death, or damage to, or the
35destruction of, real or personal property.
The restrictions on the use of an unmanned aircraft
37system by a law enforcement agency shall apply to any person,
38entity, or public agency that uses, operates, or contracts for an
39unmanned aircraft system.
begin insert(a)end insertbegin insert end insertNothing in this title is intended to conflict with or
2supersede federal law, including rules and regulations of the
3Federal Aviation Administration.
4(b) Nothing in this title prohibits a local agency from adopting
5more restrictive policies on the use of unmanned aircraft systems
6for the protection of a person’s privacy.
begin delete“Unmanned aircraft system” end deletebegin insertAs used in this title,
8“unmanned aircraft system” end insertmeans an unmanned aircraft and
9associated elements, including communication links and the
10components that control the unmanned aircraft, that are required
11for the pilot in command to operate safely and efficiently in the
12national airspace system.
As used in this title, “surveillance” means the
14monitoring of persons, places, or events by any means of electronic
15technology, including, but not limited to, interception, overt or
16covert observations, photography, or the use of any tracking device.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution for certain
19costs that may be incurred by a local agency or school district
20because, in that regard, this act creates a new crime or infraction,
21eliminates a crime or infraction, or changes the penalty for a crime
22or infraction, within the meaning of Section 17556 of the
23Government Code, or changes the definition of a crime within the
24meaning of Section 6 of Article XIII B of the California
25Constitution.
26However, if the Commission on State Mandates determines that
27this act contains other costs
mandated by the state, reimbursement
28to local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
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