BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
SB 15 (Padilla) - Aviation: unmanned aircraft systems.
Amended: April 22, 2013 Policy Vote: JUD 5-1, PS 6-1
Urgency: No Mandate: Yes
Hearing Date: May 13, 2103 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 15 would extend existing privacy standards to
the use of "unmanned aircraft systems," as defined.
Specifically, this bill:
Requires law enforcement to obtain a search warrant to use
an unmanned aircraft system, as specified.
Clarifies that a constructive invasion of privacy may occur
through the use of a device affixed to or contained within
an unmanned aircraft system.
Provides that engaging in prohibited activities, such as
intentional eavesdropping or peeping, with devices or
instrumentalities affixed to or contained within an unmanned
aircraft system, is also prohibited.
Provides that an unmanned aircraft system may not be
equipped with a weapon.
Fiscal Impact:
Potential minor future increased costs (General Fund*) to
the courts to the extent the provisions of this bill result
in increased civil and criminal filings.
Potential minor increase in felony convictions to state
prison for violations of the wobbler offense of
eavesdropping by means of a recording device. To the extent
more than one felony conviction occurs in any one year,
costs would be in excess of $50,000 (General Fund).
Potential increase in local incarceration costs (Local) to
the extent additional misdemeanor convictions result from
the provisions of this bill.
Unknown costs associated with violations of the prohibition
against unmanned aircraft systems equipped with a weapon
(currently undefined).
Non-reimbursable local enforcement costs, offset to a
degree by fine revenue.
*Trial Court Trust Fund
SB 15 (Padilla)
Page 1
Background: An unmanned aerial vehicle, or "drone," is an
aircraft without a human pilot that is either controlled
remotely or fully automated. The term "unmanned aircraft system"
includes the unmanned aircraft itself and associated elements
such as the components used to control the aircraft. The
Congressional Research Service report, Pilotless Drones:
Background and Considerations for Congress Regarding Unmanned
Aircraft Operations in the National Airspace System (September
2012), noted:
Growing interest in the use of unmanned aerial vehicles
(UAVs), particularly for homeland security and law
enforcement applications, has spurred considerable debate
over how to accommodate these unmanned aircraft and keep
them safely separated from other air traffic. Additionally,
the use of these pilotless aircraft, popularly referred to
as drones, for aerial surveillance and law enforcement
purposes has raised specific concerns regarding privacy and
Fourth Amendment rights and potential intrusiveness. These
issues have come to the forefront in policy debate in
response to provisions in the FAA Modernization and Reform
Act of 2012 (P.L. 112-95) that require the Federal Aviation
Administration (FAA) to begin integrating unmanned aircraft
into the national airspace system by the end of FY2015.
In response to the anticipated increase in the use of drones in
California, this bill would update several civil and criminal
laws relating to privacy to expressly apply to drones.
Proposed Law: This bill would define "unmanned aircraft system"
as 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
the unmanned aircraft safely and efficiently within the national
airspace system. In addition, this bill:
Requires law enforcement to obtain a search warrant to use
an unmanned aircraft system, as specified.
Clarifies that a constructive invasion of privacy may occur
through the use of a device affixed to or contained within
an unmanned aircraft system.
Provides that engaging in prohibited activities, such as
intentional eavesdropping or peeping, with devices or
instrumentalities affixed to or contained within an unmanned
SB 15 (Padilla)
Page 2
aircraft system, is also prohibited.
Provides that an unmanned aircraft system may not be
equipped with a weapon.
Related Legislation: AB 1326 (Gorrell) 2013 establishes a sales
and use tax exemption for tangible personal property used in
unmanned aerial vehicle (UAV) manufacturing, and allows UAV
manufacturers an income tax credit based on qualified wages paid
to employees. This bill is pending in the Assembly Committee on
Revenue and Taxation.
AB 1327 (Gorrell) 2013 would generally prohibit public agencies
from using unmanned aircraft systems, or contracting for the use
of unmanned aircraft systems, as specified. This bill is pending
in the Assembly Committee on Appropriations.
AJR 6 (Fox) 2013 would urge the FAA to consider California as
one of the six test sites for unmanned aircraft systems and urge
integration of those systems into the next generation air
transportation system. This bill is pending in the Senate
Committee on Transportation and Housing.
Staff Comments: Under existing law, a person who intentionally
eavesdrops on a confidential communication by means of any
electronic amplifying or recording device is guilty of an
alternate felony/misdemeanor, punishable as a felony by
imprisonment in state prison for 16 months, two, or three years,
or as a misdemeanor by imprisonment in a county jail for up to
one year, a fine not exceeding $2,500, or both. To the extent
adding the use of "drones" to commit this crime would be
considered an expansion of the scope of this crime, this bill
could result in increased state and local incarceration costs
related to violations of this section of law, resulting in costs
in the range of $28,000 to $60,000 (General Fund) for each
additional felony conviction.
Under existing law, looking through a periscope, telescope,
binoculars, camera, motion picture camera, camcorder, or mobile
phone into the interior of a bedroom, or 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,
is a misdemeanor. To the extent adding the use of "drones" to
commit these violations would be considered an expansion of the
scope of this crime, increased county jail incarceration costs,
as well as non-reimbursable local enforcement costs offset to a
SB 15 (Padilla)
Page 3
degree by fine revenue could result.
This bill provides that a drone may not be equipped with a
weapon. However, as currently drafted, there is no penalty
provision associated with a violation of this provision in order
to enforce this prohibition. In addition, there is not a
definition of "weapon" to clearly indicate under what
circumstances the prohibition would apply. The author has
indicated amendments are being drafted to address this issue, as
well as other concerns raised in policy committee hearings.