BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1327|
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THIRD READING
Bill No: AB 1327
Author: Gorell (R), Bradford (D), Quirk (D), et al.
Amended: 6/19/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 5/13/14
AYES: Hancock, De León, Liu, Mitchell, Steinberg
NOES: Anderson
NO VOTE RECORDED: Knight
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 63-6, 1/29/14 - See last page for vote
SUBJECT : Unmanned aircraft systems
SOURCE : Author
DIGEST : This bill regulates the use of unmanned aircraft
systems by public agencies and the dissemination and use of any
images, data and footage obtained by those systems.
ANALYSIS : Existing federal law, the Aviation Administration
Modernization and Reform Act of 2012 requires the Secretary of
Transportation to develop a comprehensive plan to safely
accelerate the integration of civil unmanned aircraft systems
into the national airspace system. The plan is required to
provide for safe integration of civil unmanned aircraft systems
into national airspace as soon as practicable, not later than
September 30, 2015.
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Existing law:
1. Authorizes the Attorney General (AG), Chief Deputy AG, Chief
Assistant AG, District Attorney (DA) or the DA's designee to
apply to the presiding judge of the superior court for an
order authorizing the interception of wire or electronic
communications under specified circumstances.
2. Prohibits wiretapping or eavesdropping on confidential
communications.
3. 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.
4. Defines a "search warrant" as an order in writing in the name
of the People, signed by a magistrate, directed to a peace
officer, commanding him/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.
The United States' Constitution provides that "the right of the
people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not
be violated, and no warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly
describing the place to be searched and the persons or things to
be seized."
The California Constitution provides that "the right of the
people to be secure in their persons, houses, papers and effects
against unreasonable seizures and searches may not be violated;
and a warrant may not issue except on probable cause, supported
by oath or affirmation, particularly describing the place to be
searched and the persons and things to be seized."
This bill:
1. Provides that a public agency does not use an unmanned
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aircraft system, or contract for the use of an unmanned
aircraft system, except as provided.
2. Provides that it also applies to all public and private
entities when contracting with a public agency for the use of
an unmanned aircraft system.
3. Provides that a law enforcement agency may use an unmanned
aircraft system if it has obtained a warrant based on
probable cause.
4. Provides that without a warrant a law enforcement agency may
use an unmanned aircraft system in emergency situations if
there is an imminent threat of life or 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.
5. Provides that without a warrant a law enforcement agency 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.
6. Provides that 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.
7. Provides a public agency that uses an unmanned aircraft
system or contracts for the use of an unmanned aircraft
system shall first provide reasonable notice to the public.
Reasonable notice shall, at 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.
8. Provides that images, footage, or data obtained by a public
agency, or any entity contracting with a public agency, shall
not be disseminated to a law enforcement agency unless the
law enforcement agency has obtained a warrant for the images,
footage, or data based on probable cause, or the law
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enforcement agency would not have been required to obtain a
warrant to collect the images, footage, or data itself, as
specified.
9. Provides that 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, unless one
of the following circumstances applies:
A. Images, footage, or data obtained by a public agency
through the use of an unmanned aircraft system may be
disseminated to another public agency that is not a law
enforcement agency if the images, footage, or data are
related to the core mission of both public agencies
involved in the sending or receiving of the images,
footage, or data.
B. Images, footage, or data obtained by a public agency
through the use of an unmanned aircraft system may be
disseminated outside the collecting public agency if the
images, footage, or data are evidence in any claim filed
or any pending litigation.
C. Images, footage, or data obtained by a public agency
through the use of an unmanned aircraft system may be
disseminated to a private entity if both of the following
conditions are satisfied:
(1) The collecting public agency is not a law
enforcement agency.
(2) The images, footage, or data are related to the
core function of the collecting public agency.
(3) The images, footage, or data obtained by a public
agency through the use of an unmanned aircraft system
shall not be used by the public agency for any purpose
other than that for which it was collected.
10.Provides that images, footage, or data obtained through the
use of an unmanned aircraft system shall be permanently
destroyed within one year except that a public agency may
retain the images, footage or data:
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A. For training purposes, as specified.
B. For academic research or teaching purposes, as
specified.
C. For monitoring material assets owned by the public
agency.
11.Provides that a public agency shall retain images, footage,
or data obtained through the use of an unmanned aircraft
system in both of the following circumstances:
A. If a warrant authorized the collection of the images,
footage, or data.
B. If the images, footage, or data are evidence in any
claim filed or any pending litigation.
12.Prohibits arming an unmanned aircraft system with a weapon or
other device that may be carried 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.
13.Provides that 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.
14.Specifically states the regulation on the use of unmanned
aircraft systems are not intended to conflict with or
supersede federal law, including rules and regulations of the
Federal Aviation Administration.
15.Provides that a local legislative body may adopt more
restrictive policies on the acquisition or use of unmanned
aircraft systems.
16.Provides that restrictions on electronic devices shall apply
to unmanned aircraft systems.
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17.Provides that notwithstanding any other provision, images,
footage or data obtained through the use of the unmanned
aircraft system or any related 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.
18.Requires the disclosure of images, footage, or data obtained
through the use of an unmanned aircraft system, or any
related 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, to the extent
that disclosure of the images, footage, data, or records
would endanger the safety of a person involved in a criminal
investigation, or would endanger the successful completion of
the criminal investigation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/1/14)
Laborers' International Union of North America Local 535
San Jose Mercury News Editorial Board
OPPOSITION : (Verified 7/1/14)
California Police Chiefs Association
California State Sheriffs' Association
Los Angeles District Attorneys Association
ARGUMENTS IN SUPPORT : According to the author:
The FAA is mandated to integrate unmanned aerial systems
into the national airspace by 2015 (FAA Modernization and
Reform Act of 2012). The Federal Aviation Administration
(FAA) predicts that 30,000 drones will fill the nation's
skies in less than 20 years. The number of potential civil
and commercial uses for unmanned aerial vehicles in society
is vast and can be beneficial tools, but these tools can
also be susceptible to abuse without appropriate oversight
and rules.
There is a potential for misuse without clear policies that
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protect the privacy rights of individuals. There are
currently no California laws governing drone usage, and
without action from the Legislature, there will be no
restrictions on how law enforcement and local and state
agencies can and will use drones in California. In
anticipation of drone technology being integrated into
Californians' lives after the FAA authorizes civilian and
government-use of drones, AB 1327 provides comprehensive
and basic guidelines to address the public's concerns.
ARGUMENTS IN OPPOSITION : The California Police Chiefs
Association, Inc. opposes this bill and writes, "This bill would
require a law enforcement agency to obtain a search warrant to
operate an unmanned aircraft system (UAS). AB 1327 would only
permit a law enforcement agency to use a UAS without a warrant
in emergency situations if there is an imminent threat to life
or of great bodily harm or 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."
The Los Angeles District Attorney opposes this bill stating, "AB
1237 is an inappropriate attempt to impose search and seizure
requirements on California law enforcement agencies beyond what
is required by the 4th Amendment of the United States
Constitution. Under the California Constitution's
"Truth-In-Evidence" clause, suppression of evidence on 4th (or
5th, 6th, or 14th) Amendment grounds is permissible "only if
exclusion is mandated by the federal constitution?[as]
articulated by the United States Supreme Court" (People v.
Robinson (2010) 47 Cal.4th 1104, 1119.) or by a statute enacted
by a two-thirds vote of both houses of the Legislature."
ASSEMBLY FLOOR : 63-6, 1/29/14
AYES: Achadjian, Alejo, Allen, Atkins, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Ian Calderon, Campos, Chau,
Chesbro, Conway, Cooley, Dababneh, Daly, Dickinson, Eggman,
Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez,
Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Harkey, Roger
Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Salas, Stone, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, John A. Pérez
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NOES: Ammiano, Chávez, Dahle, Donnelly, Ting, Yamada
NO VOTE RECORDED: Bonilla, Brown, Buchanan, Hall, Logue,
Lowenthal, Mansoor, Morrell, Perea, Rodriguez, Skinner
JG:d 7/2/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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