Amended in Assembly January 9, 2014

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, begin insert and to add Section 6254.31 to the Government Code, end insert 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 delete , and would generally require 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. 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 end delete .

begin delete

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.

end delete

The bill would begin delete 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 end delete 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 begin delete 10 days end delete begin insert 6 months end insert , except begin delete for training purposes, as specified, or pursuant to an order of a court. The end delete begin insert as specified. Unless authorized by federal law, the end insert 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 begin delete may end delete begin insert is intended to end insert cause bodily injury or death, or damage to, or the destruction of, real or personal property.

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

begin delete

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.

end delete begin delete

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

end delete begin delete

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.

end delete begin insert

Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to certain exceptions.

end insert begin insert

This bill would make images, footage, or data obtained through the use of an unmanned aircraft system under its provisions, or any record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, subject to disclosure.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no 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. begin insert This title shall apply to all public
and private entities when contracting with a public agency for the
use of an unmanned aircraft system. end insert

(b) A law enforcement agency may use an unmanned aircraft
system begin delete if it has a reasonable expectation that the unmanned aircraft
system will collect evidence relating to criminal activity and end delete 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 system in emergency situations if
there is an imminent threat to life or of great bodily harm,
including, but not limited to, fires, hostage crises, “hot pursuit”
situations if reasonably necessary to prevent harm to law
enforcement officers or others, and search and rescue operations
on land or water.

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

begin delete

(d) (1) Except as otherwise provided in paragraph (2), a law
enforcement agency may use 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 signed by a
judicial officer obtained prior to the interruption and consistent
with the following:

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

(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.

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

(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.

(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.

(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.

(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.

(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:

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

(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.

(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.

(e)

end delete

begin insert (d) end insert  (1) A public agency other than a law enforcement agency
may use an unmanned aircraft system, or contract for the use of
an unmanned aircraft system, begin delete for the purposes of geological
inspections related end delete to begin insert achieve end insert the begin insert core end insert mission of the agency begin delete or
for the purpose of detecting oil spills end delete begin insert provided that the purpose is
unrelated to the gathering of criminal intelligence end insert .

begin delete

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

end delete begin delete

(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 delete begin insert

(2) Except as permitted by this title and when a law enforcement
agency is not required to obtain a warrant as specified in this title,
data collected pursuant to this subdivision shall not be
disseminated to a law enforcement agency unless the agency has
obtained a warrant for the data based on probable cause pursuant
to this code.

end insert

begin delete

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 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 delete

begin delete 14352. end delete
begin insert 14351. end insert   

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.

begin delete 14353. end delete
begin insert 14352. end insert   

(a)  begin delete Images, end delete begin insert Except as permitted by this title, images, end insert
footage, or data obtained by a public agency, 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 begin insert by the agency end insert 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 begin delete 10 days end delete begin insert six months end insert , except begin delete if retained end delete
begin insert that a public agency may retain the images, footage, or data end insert for
training purposes begin delete or if end delete begin insert and shall retain any image, footage, or data
if end insert a warrant authorized begin insert its end insert collection begin delete of or access to end delete begin insert or if end insert the images,
footage, or data begin insert are evidence in any claim filed or any pending
litigation end insert .

begin delete

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

end delete begin delete

(2)

end delete

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

begin delete

14354.  

A law enforcement agency shall only view data gathered
by a person or entity using an unmanned aircraft system, 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.

end delete begin delete

14354.5.  

A

end delete

begin insert

begin insert 14353. end insert   

end insert

begin insert Unless authorized by federal law, a end insert 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 begin delete may end delete begin insert is intended to end insert cause
bodily injury or death, or damage to, or the destruction of, real or
personal property.

begin insert

begin insert 14354. end insert   

All unmanned aircraft systems shall be operated so as
to minimize the collection of images, footage, or data of persons,
places, or things not specified with particularity in the warrant
authorizing the use of an unmanned aircraft system, or, if no
warrant was obtained, for purposes unrelated to the justification
for the operation.

end insert

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)  begin delete Nothing in this title prohibits a local agency from adopting end delete
begin insert A local legislative body may adopt end insert more restrictive policies on the
begin insert acquisition or end insert use of unmanned aircraft begin delete systems for the protection
of a person’s privacy. end delete begin insert systems. end insert

14356.  

begin delete As used in end delete begin insert For the purposes of end insert this title, begin delete “unmanned end delete
begin insert the following definitions shall apply: end insert

begin insert

(a) “Criminal intelligence” means information compiled,
analyzed, or disseminated in an effort to anticipate, prevent,
monitor, or investigate criminal activity.

end insert begin insert

(b) “Law enforcement agency” means the Attorney General of
the State of California, each district attorney, and each agency of
the State of California authorized by statute to investigate or
prosecute law violators.

end insert begin insert

(c) “Public agency” means and includes each state agency and
each local agency.

end insert

begin insert (d) end insert begin insert   end insert begin insert “Unmanned end insert 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.

14357.  

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.

begin delete

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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 6254.31 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 6254.31. end insert   

Notwithstanding any provision of this chapter, images,
footage, or data obtained through the use of an unmanned aircraft
system pursuant to subdivisions (c) or (d) of Section 14350 of the
Penal Code, or any record, including, but not limited to, usage
logs or logs that identify any person or entity that subsequently
obtains or requests records of that system, is subject to disclosure.

end insert