BILL ANALYSIS Ó AB 1327 Page 1 ASSEMBLY THIRD READING AB 1327 (Gorell, et al.) As Amended January 23, 2014 Majority vote PUBLIC SAFETY 4-2 LOCAL GOVERNMENT 8-0 ----------------------------------------------------------------- |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 | | | | | | | | ----------------------------------------------------------------- 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 AB 1327 Page 2 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 AB 1327 Page 3 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 AB 1327 Page 4 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 AB 1327 Page 5 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; AB 1327 Page 6 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, AB 1327 Page 7 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 FN: 0003008 AB 1327 Page 8