BILL NUMBER: AB 1327 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2014
AMENDED IN ASSEMBLY JANUARY 23, 2014
AMENDED IN ASSEMBLY JANUARY 9, 2014
AMENDED IN ASSEMBLY APRIL 29, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
AMENDED IN ASSEMBLY APRIL 3, 2013
INTRODUCED BY Assembly Members Gorell, Bradford, and Quirk
(Principal coauthor: Assembly Member Muratsuchi)
(Coauthor: Assembly Member Fox)
FEBRUARY 22, 2013
An act to add Section 6254.31 to the Government Code, and 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 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 6 months,
one year, except as specified. Unless authorized by federal
law, 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 is intended to 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.
make its provisions applicable to all public and private
entities when contracting with a public agency for the use of an
unmanned aircraft system.
Existing law, the California Public Records Act, requires state
and local agencies to make public records available for inspection,
subject to certain exceptions.
This bill would make certain 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. The
bill would prevent images, footage, data, and records obtained
through the use of an unmanned aircraft system by a law enforcement
agency pursuant to a warrant based on probable cause, and images,
footage, data, and records that pertain to a pending criminal
investigation, from being subject to disclosure.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6254.31 is added to the Government Code, to
read:
6254.31. (a) 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, are
public records subject to disclosure.
(b) Notwithstanding any provision of this chapter, images,
footage, or data obtained through the use of an unmanned aircraft
system, 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, are not public records subject to
disclosure in both of the following instances:
(1) If the unmanned aircraft system was used pursuant to
subdivision (b) of Section 14350 of the Penal Code.
(2) If the images, footage, data, or records pertain to a pending
criminal investigation.
SEC. 2. 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. This title shall apply to all
public and private entities when contracting with a public agency for
the use of an unmanned aircraft system.
(b) A law enforcement agency may use an unmanned aircraft system
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, to inspect
state parks and wilderness areas for illegal vegetation, or fires.
(d) (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, to achieve the core mission of the agency
provided that the purpose is unrelated to the gathering of criminal
intelligence.
(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.
14351. 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.
14352. (a) Except as permitted by this title, images, 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 public agency,
and shall not be used by the public agency 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 six months, one
year, except that a public agency may retain the images,
footage, or data for training purposes the
purposes of training, academic research, teaching, and monitoring
material assets owned by the public agency, and shall retain
any image, footage, or data if a warrant authorized its collection or
if the images, footage, or data are evidence in any claim filed or
any pending litigation.
(b) 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.
(c) Images, footage, or data retained for academic research or
teaching purposes shall be used only for the advancement of research
and teaching conducted by California's public colleges and
universities and matters related to the mission of the institution
and for no other purpose.
14353. Unless authorized by federal law, 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 is intended to cause bodily injury
or death, or damage to, or the destruction of, real or personal
property.
14354. 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.
14355. (a) This title is not intended to conflict with or
supersede federal law, including rules and regulations of the Federal
Aviation Administration.
(b) A local legislative body may adopt more restrictive policies
on the acquisition or use of unmanned aircraft systems.
14356. For the purposes of this title, the following definitions
shall apply:
(a) "Criminal intelligence" means information compiled, analyzed,
or disseminated in an effort to anticipate, prevent, monitor, or
investigate criminal activity.
(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.
(c) "Public agency" means and includes each state agency and each
local agency.
(d) "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.
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.