BILL ANALYSIS Ó
AB 1327
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CONCURRENCE IN SENATE AMENDMENTS
AB 1327 (Gorell, et al.)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |63-6 |(January 29, |SENATE: |26-8 |(August 26, |
| | |2014) | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Establishes standards for the use of unmanned aircraft
systems (UAS).
The Senate amendments :
1)Allow a law enforcement agency to use an UAS without obtaining
a warrant to determine the appropriate response to an imminent
or existing environmental emergency or disaster.
2)Allow a public agency that is not primarily a law enforcement
agency, as specified, to use an UAS without obtaining a
warrant to achieve the core mission of the agency as long as
the purpose is unrelated to the gathering of criminal
intelligence and to disseminate images, footage, or data
collected through UAS use to others within the agency.
3)Provide that images, footage, or data obtained through the use
of an UAS, or any related record, are not public records
subject to disclosure to the extent that disclosure would
endanger the safety of a person involved in an investigation
or the successful completion of the investigation.
4)Make legislative findings stating that to ensure the safety of
persons involved in investigations and to preserve the
integrity of those investigations, limitation of the right of
access to the information described above is warranted.
5)Extend the period after which a public agency is required to
destroy images, footage, or data obtained through UAS use from
six months to one year. Allow a public agency to retain this
information beyond the one-year period for the purposes of
training; academic research or teaching; monitoring material
assets owned by the agency; or environmental, public works, or
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land use management or planning.
6)Allow a public agency to retain information collected through
UAS use beyond one year if the information is evidence in an
enforcement proceeding.
7)Specify that the surveillance restrictions in this bill apply
to the use or operation of an UAS by a public agency.
8)Make technical, non-substantive changes.
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 in a list of
specified grounds.
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 specified
information.
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,
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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,
as specified.
AS PASSED IN ASSEMBLY , this bill:
1)Prohibited a public agency, or any entity when contracting
with a public agency, to use UAS except as specified in this
bill.
2)Authorized a law enforcement agency to use UAS if it has
obtained a warrant based on probable cause.
3)Authorized 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
identify any person or entity that subsequently obtains or
requests records of that system, is subject to disclosure.
4)Authorized 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)Required 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.
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6)Specified 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)Prohibited weaponizing UAS unless authorized by federal law.
8)Required 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)Specified 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
prohibits a local agency from adopting more restrictive
policies on the acquisition or use of UAS.
10)Defined 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)While it is not clear whether and to what extent state
agencies are planning to utilize drones in the near future,
annual reports to the governor (and the bill should be amended
to include the Legislature) from the many agencies that could
use drones - Department of Forestry and Fire Protection,
California Highway Patrol, Office of Emergency Services,
Department of Corrections and Rehabilitation, Department of
Transportation, Department of Food and Agriculture, Department
of Water Resources, Department of Boating and Waterways,
AB 1327
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Department of Fish and Wildlife, etc. - could cumulatively
cost in the range of $200,000.
2)Requiring every public agency that intends to use UAS to
provide notice to the public is a reimbursable state mandate
that could easily exceed $150,000, given the thousands of
local agencies, from local governments, to police departments,
to water boards, to mosquito abatement districts.
3)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.
4)While it does not appear any local law enforcement agency is
currently using drones, (several have investigated, purchased
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.
The cost of such reduced efficiency is not quantifiable.
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."
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
AB 1327
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