Amended in Assembly April 29, 2013

Amended in Assembly April 18, 2013

Amended in Assembly April 3, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1327

Introduced by Assembly Members Gorell and Bradford

(Principal coauthor: Assembly Member Muratsuchi)

(Coauthor: Assembly Member Fox)

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 begin insert , and would generally require end insert begin insert a warrant for the use of an unmanned aircraft system by law enforcement to block or interfere with electronic communications, as specified, with certain exceptions end insert . 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 authorize the Department of Forestry and Fire Protection (CAL-FIRE) 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 begin delete to the extent required as evidence of a crime, part of an ongoing investigation of a crime, or end delete for training purposes, as specified, 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.

begin delete

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. The

end delete

begin insert The end insert bill would begin delete require that end delete begin insert make end insert the restrictions begin delete that apply end delete begin insert that are applicable end insert to the use of an unmanned aircraft system by a law enforcement agency also begin delete apply end delete begin insert applicable end insert to any person, entity, or public agency that uses, operates, or contracts for an unmanned aircraft system.

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:

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
begin delete system, or contract for the use of an unmanned aircraft system, end delete
begin insert system end insert 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) (1) A law enforcement agency, without obtaining a warrant,
may use an unmanned aircraft begin delete system, or contract for the use of
an unmanned aircraft system, end delete begin insert system end insert in emergency situations begin insert if
there is an imminent threat to life or of great bodily harm end insert ,
including, but not limited to, fires, hostage crises, “hot pursuit”
situations begin insert if reasonably necessary to prevent harm to law
enforcement officers or others end insert , and search and rescue operations
on land or water.

(2) A law enforcement agency, without obtaining a warrant,
may use an unmanned aircraft begin delete system, or contract for the use of
an unmanned aircraft system, to conduct traffic accident
investigations end delete begin insert system to assess the necessity of first responders in
situations relating to traffic accidents end insert or to inspect state parks for
illegal vegetation.

(d) (1) Except as otherwise provided in paragraph (2), a law
enforcement agency may use an unmanned aircraft begin delete system, or
contract for the use of an unmanned aircraft system, end delete begin insert system end insert to
block, interfere with, or otherwise control communication or data
signals of electronic devices only if it has obtained an order begin delete of a
court pursuant to Section 2518 of Title 18 of the United States
Code. end delete begin insert signed by a judicial officer obtained prior to the interruption
and consistent with the following: end insert

begin insert

(A) The order shall include all of the following:

end insert begin insert

(i) That probable cause exists that the service is being or will
be used for an unlawful purpose or to assist in a violation of the
law.

end insert begin insert

(ii) That absent immediate and summary action to interrupt
communications service, serious, direct, immediate, and
irreparable danger to public safety will result.

end insert begin insert

(iii) That the interruption of communications service is narrowly
tailored to prevent unlawful infringement of speech that is
protected by the First Amendment to the United States Constitution,
or Section 2 of Article I of the California Constitution, or a
violation of any other rights under federal or state law.

end insert begin insert

(B) The order shall clearly describe the specific communications
service to be interrupted with sufficient detail as to customer, cell
sector, central office, or geographical area affected, shall be
narrowly tailored to the specific circumstances under which the
order is made, and shall not interfere with more communication
than is necessary to achieve the purposes of the order.

end insert begin insert

(C) The order shall authorize an interruption of service only
for as long as is reasonably necessary and shall require that the
interruption cease once the danger that justified the interruption
is abated and shall specify a process to immediately serve notice
on the communications service provider to cease the interruption.

end insert begin insert

(2) A law enforcement agency shall not use an unmanned
aircraft system to block, interfere with, or otherwise control
communication or data signals of electronic devices without a
court order except pursuant to this paragraph.

end insert begin insert

(A) If a government entity reasonably determines that an extreme
emergency situation exists that involves immediate danger of death
and there is insufficient time, with due diligence, to first obtain a
court order, the government entity may interrupt communications
service without first obtaining a court order as otherwise required
by this section, provided that the interruption meets the grounds
for issuance of a court order pursuant to paragraph (1) and that
the entity does all of the following:

end insert begin insert

(i) Apply for a court order without delay, and in no event, later
than two hours after commencement of an interruption of
communications service.

end insert begin insert

(ii) Provide to the provider of communications service involved
in the service interruption a statement of intent, signed by an
authorized official of the governmental entity, to apply for a court
order. The statement of intent shall clearly describe the extreme
emergency circumstances, and the specific communications service
to be interrupted with sufficient detail as to the customer, cell
sector, central office, or geographical area affected.

end insert begin insert

(iii) Provide conspicuous notice of the application for a court
order authorizing the communications service interruption on its
Internet Web site without delay, unless the circumstances that
justify interruption of communications service without first
obtaining a court order to justify not providing the notice.

end insert begin delete

(2) The requirement for a court order pursuant to paragraph (1)
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 six hours.

end delete

(e) (1) A public agency begin insert other than a law enforcement agency end insert
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 or for the purpose
of detecting oil spills.

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

begin insert

(3) Data collected pursuant to this subdivision shall not be
disseminated outside the collecting agency or provided to a law
enforcement agency unless the agency has obtained a warrant for
the data based upon probable cause pursuant to this code.

end insert

14351.  

(a) The acquisition of an unmanned aircraft system,
or a contract for the use of an unmanned aircraft system, for
purposes authorized by this title by a local public agency shall be
subject to the specific approval of the applicable local public
agency’s legislative body. The local 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.

(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 begin insert and a description of each instance in which the unmanned
aircraft system was deployed, including the purpose of the
deployment and whether a warrant was obtained end insert .

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
begin delete 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. end delete begin insert , or any entity contracting with a public agency,
through the use of an unmanned aircraft system shall not be
disseminated outside the collecting agency, and shall not be used
for any purpose other than that for which it was collected. Images,
footage, or data obtained through the use of an unmanned aircraft
system shall be permanently destroyed within 10 days, except if
retained for training purposes or if a warrant authorized collection
of or access to the images, footage, or data. end insert

(b) (1) Images, footage, or data retained by a public agency
shall be open to public inspection, unless expressly exempt by law.

(2) Images, footage, or data retained for training purposes shall
be used only for the education and instruction of an agency’s
employees begin insert in matters related to the mission of the agency end insert and for
no other purpose.

begin delete

14354.  

(a) (1) 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.

(2) 

end delete

begin insert

begin insert 14354. end insert   

end insert

A law enforcement agency shall only view data gathered
by a person or begin delete entity, other than a public agency subject to Section
14350, end delete begin insert entity using an unmanned aircraft system, end insert or a person under
contract to a public agency, if the law enforcement agency has
obtained a warrant or has the permission or approval of that person
or entity, or person under contract to a public agency, provided
that the data gathered by the person or entity was lawfully obtained.

begin delete

(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.

end delete

14354.5.  

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.

begin delete

14354.7.  

The restrictions on the use of an unmanned aircraft
system by a law enforcement agency shall apply to any person,
entity, or public agency that uses, operates, or contracts for an
unmanned aircraft system.

end delete

14355.  

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

(b) Nothing in this title prohibits a local agency from adopting
more restrictive policies on the use of unmanned aircraft systems
for the protection of a person’s privacy.

14356.  

As used in this title, “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.

begin delete

14357.  

As used in this title, “surveillance” means the
monitoring of persons, places, or events by any means of electronic
technology, including, but not limited to, interception, overt or
covert observations, photography, or the use of any tracking device.

end delete begin insert

begin insert 14357. end insert   

The surveillance restrictions on electronic devices
pursuant to Chapter 1.5 (commencing with Section 630) of Title
15 of Part 1 shall apply to unmanned aircraft systems.

end insert

SEC. 2.  

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.

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.