BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING
          AB 1327 (Gorell, et al.)
          As Amended  January 23, 2014
          Majority vote 

           PUBLIC SAFETY       4-2         LOCAL GOVERNMENT    8-0         
           
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          |Ayes:|Melendez, Jones-Sawyer,   |Ayes:|Achadjian, Levine,        |
          |     |Quirk, Skinner            |     |Bradford, Gordon,         |
          |     |                          |     |Melendez, Mullin,         |
          |     |                          |     |Waldron, Frazier          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Ammiano, Mitchell         |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      16-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Gatto, Bigelow, Allen,    |     |                          |
          |     |Bocanegra, Bradford, Ian  |     |                          |
          |     |Calderon, Campos, Eggman, |     |                          |
          |     |Gomez, Holden, Linder,    |     |                          |
          |     |Pan, Quirk,               |     |                          |
          |     |Ridley-Thomas, Wagner,    |     |                          |
          |     |Weber                     |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Establishes standards for the use of unmanned aircraft  
          systems (UAS).  Specifically,  this bill  :

          1)Prohibits a public agency, or any entity when contracting with  
            a public agency, to use UAS except as specified in this bill.

          2)Authorizes a law enforcement agency to use UAS if it has  
            obtained a warrant based on probable cause.

          3)Authorizes a law enforcement agency, without a warrant, to use  
            UAS in emergency situations if there is an imminent threat to  
            life or to help first responders in situations relating to  
            traffic accidents, to inspect state parks and wilderness areas  
            for "illegal vegetation," or fires.  Provides that any data  
            collected pursuant to this use of UAS or any record,  
            including, but not limited to, usage logs or logs that  








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            identify any person or entity that subsequently obtains or  
            requests records of that system, is subject to disclosure.

          4)Authorizes a public agency other than a law enforcement agency  
            to use UAS, or contract for its use, to achieve the core  
            mission of the agency so long as the purpose is unrelated to  
            the gathering of criminal intelligence.  Prohibits the  
            dissemination of data collected by a non-law enforcement  
            public agency through the use of UAS to a law enforcement  
            agency unless the law enforcement agency has obtained a  
            warrant for the data based on probable cause or unless a law  
            enforcement agency is not required to obtain a warrant as  
            specified in this bill.  Provides that any data collected  
            pursuant to this use of UAS or any record thereof is subject  
            to disclosure.

          5)Requires a public agency that uses UAS, or contracts for its  
            use, to first provide reasonable notice to the public, which,  
            at a minimum, must consist of a one-time announcement  
            regarding the agency's intent to deploy UAS technology and a  
            description of the technology's capabilities.

          6)Specifies that, except as permitted by this bill, data  
            obtained by a public agency through the use of UAS may not be  
            shared outside the collecting agency and may not be used by  
            the collecting agency for a purpose other than that for which  
            it was collected.  Requires UAS-obtained data to be destroyed  
            within six months, except that the data may be retained for  
            training purposes for an agency's employees in matters related  
            to the mission of the agency and must be retained if its  
            collection was authorized by a warrant or if it is evidence in  
            any claim filed or any pending litigation.

          7)Prohibits weaponizing UAS unless authorized by federal law.

          8)Requires UAS to 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 its  
            use, or, if no warrant was obtained, for purposes unrelated to  
            the justification for the operation.

          9)Specifies that this bill is not intended to conflict with or  
            supersede federal law, including rules and regulations of the  
            Federal Aviation Administration and that nothing in this bill  








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            prohibits a local agency from adopting more restrictive  
            policies on the acquisition or use of UAS.

          10)Defines a number of terms, including UAS as unmanned aircraft  
            and associated elements, including communication links and  
            components required to operate safely and efficiently in the  
            national airspace system.

          11)Specifies that surveillance restrictions on electronic  
            devices in existing law apply to UAS.

           EXISTING LAW  : 

          1)States that a search warrant is an order in writing, in the  
            name of the people, signed by a magistrate, directed to a  
            peace officer, commanding him or her to search for a person or  
            persons, a thing or things, or personal property, and, in the  
            case of a thing or things or personal property, bring the same  
            before the magistrate.  

          2)Permits a search warrant to be issued for any of the following  
            grounds:

             a)   When the property subject to search was stolen or  
               embezzled;

             b)   When property or things were used as the means to commit  
               a felony;

             c)   When the property or things are in the possession of any  
               person with the intent to use them as a means of committing  
               a public offense, or in the possession of another to whom  
               he or she may have delivered them for the purpose of  
               concealing them or preventing them from being discovered;

             d)   When the property or things to be seized consist of any  
               item or constitute any evidence that tends to show a felony  
               has been committed, or tends to show that a particular  
               person has committed a felony;

             e)   When the property or things to be seized consist of  
               evidence that tends to show that sexual exploitation of a  
               child or possession of matter depicting sexual conduct of a  
               person under the age of 18 years has occurred or is  








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               occurring;

             f)   When there is a warrant to arrest a person;

             g)   When a provider of electronic communication service or  
               remote computing service has records or evidence, as  
               specified, showing that property was stolen or embezzled  
               constituting a misdemeanor, or that property or things are  
               in the possession of any person with the intent to use them  
               as a means of committing a misdemeanor public offense, or  
               in the possession of another to whom he or she may have  
               delivered them for the purpose of concealing them or  
               preventing their discovery;

             h)   When the property or things to be seized include an item  
               or any evidence that tends to show a violation of a  
               specified section of the Labor Code, or tends to show that  
               a particular person has violated that section;

             i)   When the property or things to be seized include a  
               firearm or any other deadly weapon at the scene of, or at  
               the premises occupied or under the control of the person  
               arrested in connection with, a domestic violence incident  
               involving a threat to human life or a physical assault, as  
               specified;

             j)   When the property or things to be seized include a  
               firearm or any other deadly weapon that is owned by, or in  
               the possession of, or in the custody or control of,  
               specified persons;

             aa)  When the property or things to be seized include a  
               firearm that is owned by, or in the possession of, or in  
               the custody or control of, a person who is subject to the  
               prohibitions regarding firearms, as specified, if a  
               prohibited firearm is possessed, owned, in the custody of,  
               or controlled by a person against whom a specified  
               protective order has been issued, the person has been  
               lawfully served with that order, and the person has failed  
               to relinquish the firearm as required by law; and,

             bb)  When the information to be received from the use of a  
               tracking device constitutes evidence that tends to show  
               that either a felony, a misdemeanor violation of the Fish  








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               and Game Code, or a misdemeanor violation of the Public  
               Resources Code has been committed or is being committed,  
               tends to show that a particular person has committed a  
               felony, a misdemeanor violation of the Fish and Game Code,  
               or a misdemeanor violation of the Public Resources Code, or  
               is committing a felony, a misdemeanor violation of the Fish  
               and Game Code, or a misdemeanor violation of the Public  
               Resources Code, or will assist in locating an individual  
               who has committed or is committing a felony, a misdemeanor  
               violation of the Fish and Game Code, or a misdemeanor  
               violation of the Public Resources Code.  

          3)Requires each application for an order authorizing or  
            approving the interception of a wire, oral, or electronic  
            communication be made in writing upon oath or affirmation to a  
            judge of competent jurisdiction, state the applicant's  
            authority to make such application, and include the following  
            information:

             a)   The identity of the investigative or law enforcement  
               officer making the application, and the officer authorizing  
               the application;

             b)   A full and complete statement of the facts and  
               circumstances relied upon by the applicant, to justify his  
               or her belief that an order should be issued, including:

               i)     Details as to the particular offense that has been,  
                 is being, or is about to be committed;

               ii)    A particular description of the nature and location  
                 of the facilities from which or the place where the  
                 communication is to be intercepted, except as specified;

               iii)   A particular description of the type of  
                 communications sought to be intercepted; and,

               iv)    The identity of the person, if known, committing the  
                 offense and whose communications are to be intercepted.

             c)   A full and complete statement as to whether other  
               investigative procedures have been tried and failed or why  
               they reasonably appear to be unlikely to succeed if tried  
               or to be too dangerous;








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             d)   A statement of the period of time for which the  
               interception is required to be maintained. If the nature of  
               the investigation is such that the authorization for  
               interception should not automatically terminate when the  
               described type of communication has been first obtained, a  
               particular description of facts establishing probable cause  
               to believe that additional communications of the same type  
               will occur thereafter; 

             e)   A full and complete statement of the facts concerning  
               all previous applications known to the individual  
               authorizing and making the application, made to any judge  
               for authorization to intercept, or for approval of  
               interceptions of, wire, oral, or electronic communications  
               involving any of the same persons, facilities or places  
               specified in the application, and the action taken by the  
               judge on each such application; and,

             f)   Where the application is for the extension of an order,  
               a statement setting forth the results thus far obtained  
               from the interception, or a reasonable explanation of the  
               failure to obtain such results.  

          4)Makes it a crime for a person, intentionally, and without  
            requisite consent, to eavesdrop on a confidential  
            communication by means of any electronic amplifying or  
            recording device.  

          5)Makes it a crime for a person to look through a hole or  
            opening or otherwise view, by means of any instrumentality,  
            the interior of bedrooms, bathrooms, and various other areas  
            in which an occupant has a reasonable expectation of privacy,  
            with the intent to invade the privacy of one or more persons  
            inside.  

          6)Makes it a crime for a person to use a concealed camcorder,  
            motion picture camera, or photographic camera to secretly  
            videotape, film, photograph, or record by electronic means,  
            without consent, another identifiable person, under or through  
            the clothing being worn by that person or if that person may  
            be in a state of full or partial undress, under circumstances  
            when that person has a reasonable expectation of privacy and  
            when there is an intent to invade the privacy of that person,  








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            as specified.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, unknown, likely minor state trial court costs to the  
          extent that new requirements regarding warrants and court orders  
          occupy court time.  For example, 100 hours of court time would  
          create new costs of less than $50,000.

          While no local law enforcement agency is currently using drones,  
          (several have investigated and proposed usage), creating  
          prospective standards that restrict their uses, including making  
          acquisition subject to a vote of a city council or county board,  
          and requiring destruction of data, could reduce law enforcement  
          efficiency.

           COMMENTS  :  According to the author, "The Commercial Unmanned  
          Aerial Vehicles (UAVs) market is expected to grow by 700% by  
          2018.  While the potential benefits of UAVs in our communities  
          and state can be tremendous, there are privacy concerns that  
          must be acknowledged and addressed.  AB 1327 establishes  
          boundaries and restrictions that protect the privacy rights of  
          Californians.  When used responsibly, UAVs can benefit a number  
          of industries, some of which already use various forms of UAVs.   
          This legislation allows governmental entities to use drones in  
          non-intrusive ways, including agricultural purposes, traffic  
          accident investigation, detection of oil spills, fire  
          prevention, and search and rescue operations.  Due to the  
          uncharted territory that will be created by the significant  
          increase of UAVs in the intermediate future, this bill provides  
          protections of the freedoms guaranteed by the Constitution (4th  
          amendment) and anticipates the potential privacy vulnerabilities  
          that can surface due to the continual advancement of UAV  
          technology.  In summation, this bill recognizes UAVs as  
          beneficial tools, which can also be susceptible to abuse without  
          appropriate oversight."

          Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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