California Legislature—2015–16 Regular Session

Assembly BillNo. 37


Introduced by Assembly Member Campos

December 1, 2014


An act to add Section 6254.31 to the Government Code, and to add Title 14 (commencing with Section 14350) to Part 4 of the Penal Code, relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

AB 37, as introduced, Campos. Unmanned aircraft systems.

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.

This bill would generally prohibit public agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, with certain exceptions applicable to law enforcement agencies and in certain other cases, including when the use or operation of the unmanned aircraft system achieves the core mission of the agency and the purpose is unrelated to the gathering of criminal intelligence, as defined.

The bill would require reasonable public notice to be provided by public agencies intending to deploy unmanned aircraft systems, as specified. The bill would require images, footage, or data obtained through the use of an unmanned aircraft system under these provisions to be permanently destroyed within one year, except as specified. The bill would generally prohibit images, footage, or data obtained through the use of an unmanned aircraft system under these provisions from being disseminated outside the collecting public agency, except as specified. Unless authorized by federal law, the bill would prohibit a person or entity, including a public agency subject to these provisions, or a person or entity under contract to a public agency, for the purpose of that contract, from equipping or arming an unmanned aircraft system with a weapon or other device that may be carried by 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. The bill would also provide that specified surveillance restrictions on electronic devices apply to the use or operation of an unmanned aircraft system by a public agency.

The bill would apply its provisions to all public and private entities when contracting with a public agency for the use of an unmanned aircraft system.

Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to certain exceptions.

This bill would make certain images, footage, or data obtained through the use of an unmanned aircraft system under its provisions, 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, subject to disclosure. The bill would except from disclosure above images, footage, data, and records obtained through the use of an unmanned aircraft system, if disclosure would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 6254.31 is added to the Government
2Code
, to read:

3

6254.31.  

(a) Notwithstanding any provision of this chapter,
4images, footage, or data obtained through the use of an unmanned
5aircraft system pursuant to Title 14 (commencing with Section
614350) of Part 4 of the Penal Code, or any related record, including,
7but not limited to, usage logs or logs that identify any person or
8entity that subsequently obtains or requests records of that system,
9are public records subject to disclosure.

10(b) Notwithstanding subdivision (a), nothing in this chapter or
11any other law requires the disclosure of images, footage, or data
12obtained through the use of an unmanned aircraft system, or any
13related record, including, but not limited to, usage logs or logs that
14identify any person or entity that subsequently obtains or requests
15records of that system, to the extent that disclosure of the images,
16footage, data, or records would endanger the safety of a person
17involved in an investigation, or would endanger the successful
18completion of the investigation.

19

SEC. 2.  

Title 14 (commencing with Section 14350) is added
20to Part 4 of the Penal Code, to read:

21 

22Title 14.  UNMANNED AIRCRAFT SYSTEMS

23

 

24

14350.  

(a) A public agency shall not use an unmanned aircraft
25system, or contract for the use of an unmanned aircraft system,
26except as provided in this title. This title shall apply to all public
27and private entities when contracting with a public agency for the
28use of an unmanned aircraft system.

29(b) A law enforcement agency may use an unmanned aircraft
30system if it has obtained a warrant based on probable cause
31pursuant to this code.

32(c) A law enforcement agency, without obtaining a warrant,
33may use an unmanned aircraft system in all of the following
34circumstances:

35(1) In emergency situations if there is an imminent threat to life
36or of great bodily harm, including, but not limited to, fires, hostage
37crises, “hot pursuit” situations if reasonably necessary to prevent
P4    1harm to law enforcement officers or others, and search and rescue
2operations on land or water.

3(2) To assess the necessity of first responders in situations
4relating to traffic accidents.

5(3) (A) To inspect state parks and wilderness areas for illegal
6vegetation or fires.

7(B) For purposes of this paragraph, “wilderness areas” means
8public lands without permanent improvements or human habitation.

9(4) To determine the appropriate response to an imminent or
10existing environmental emergency or disaster, including, but not
11limited to, oils spills or chemical spills.

12(d) A public agency other than a law enforcement agency may
13use an unmanned aircraft system, or contract for the use of an
14unmanned aircraft system, to achieve the core mission of the
15agency provided that the purpose is unrelated to the gathering of
16criminal intelligence.

17(e) A public agency that is not primarily a law enforcement
18agency, but that employs peace officers or performs functions
19related to criminal investigations, may use an unmanned aircraft
20system without obtaining a warrant to achieve the core mission of
21the agency provided that the purpose is unrelated to the gathering
22of criminal intelligence, and that the images, footage, or data are
23not used for any purpose other than that for which it was collected.

24

14351.  

A public agency that uses an unmanned aircraft system,
25or contracts for the use of an unmanned aircraft system, pursuant
26to this title shall first provide reasonable notice to the public.
27Reasonable notice shall, at a minimum, consist of a one-time
28announcement regarding the agency’s intent to deploy unmanned
29aircraft system technology and a description of the technology’s
30capabilities.

31

14352.  

(a) (1) (A) Except as permitted by this title, images,
32footage, or data obtained by a public agency, or any entity
33contracting with a public agency, pursuant to this title shall not be
34disseminated to a law enforcement agency unless the law
35enforcement agency has obtained a warrant for the images, footage,
36or data based on probable cause pursuant to this code, or the law
37enforcement agency would not have been required to obtain a
38warrant to collect the images, footage, or data itself, as specified
39in Section 14350.

P5    1(B) A public agency that is not primarily a law enforcement
2agency, but that employs peace officers or performs functions
3related to criminal investigations, may disseminate images, footage,
4or data collected pursuant to Section 14350 if the dissemination
5is to others within that agency.

6(2) Except as permitted by this title, images, footage, or data
7obtained by a public agency, or any entity contracting with a public
8agency, through the use of an unmanned aircraft system shall not
9be disseminated outside the collecting public agency, unless one
10of the following circumstances applies:

11(A) Images, footage, or data obtained by a public agency through
12the use of an unmanned aircraft system may be disseminated to
13another public agency that is not a law enforcement agency if the
14images, footage, or data are related to the core mission of both
15public agencies involved in the sending or receiving of the images,
16footage, or data.

17(B) Images, footage, or data obtained by a public agency through
18the use of an unmanned aircraft system may be disseminated
19outside the collecting public agency if the images, footage, or data
20are evidence in any claim filed or any pending litigation.

21(C) Images, footage, or data obtained by a public agency through
22the use of an unmanned aircraft system may be disseminated to a
23private entity if both of the following conditions are satisfied:

24(i) The collecting public agency is not a law enforcement
25agency.

26(ii) The images, footage, or data are related to the core function
27of the collecting public agency.

28(3) A public agency may make available to the public images,
29footage, or data obtained by the public agency through the use of
30an unmanned aircraft system if both of the following conditions
31are satisfied:

32(A) The images, footage, or data do not depict or describe any
33individual or group of individuals, or the activities of any individual
34or group of individuals whose identity or identities can be
35ascertained.

36(B) The disclosure of the images, footage, or data is required
37to fulfill the public agency’s statutory or mandatory obligations.

38(b) Except as permitted by this title, images, footage, or data
39obtained by a public agency through the use of an unmanned
P6    1aircraft system shall not be used by the public agency for any
2purpose other than that for which it was collected.

3(c) (1) Images, footage, or data obtained through the use of an
4unmanned aircraft system shall be permanently destroyed within
5one year, except that a public agency may retain the images,
6footage, or data in all of the following circumstances:

7(A) For training purposes. Images, footage, or data retained for
8training purposes shall be used only for the education and
9instruction of a public agency’s employees in matters related to
10the mission of the public agency and for no other purpose.

11(B) For academic research or teaching purposes. Images,
12footage, or data retained for academic research or teaching purposes
13shall be used only for the advancement of research and teaching
14conducted by an academic or research institution and matters
15related to the mission of the institution and for no other purpose.

16(C) For purposes of monitoring material assets owned by the
17public agency.

18(D) For environmental, public works, or land use management
19or planning by the public agency.

20(2) Notwithstanding paragraph (1), a public agency may retain
21beyond one year images, footage, or data obtained through the use
22of an unmanned aircraft system in both of the following
23circumstances:

24(A) If a warrant authorized the collection of the images, footage,
25or data.

26(B) If the images, footage, or data are evidence in any claim
27filed or any pending litigation or enforcement proceeding.

28

14353.  

Unless authorized by federal law, a person or entity,
29including a public agency subject to Section 14350 or a person or
30entity under contract to a public agency, for the purpose of that
31contract, shall not equip or arm an unmanned aircraft system with
32a weapon or other device that may be carried by or launched from
33an unmanned aircraft system and that is intended to cause bodily
34injury or death, or damage to, or the destruction of, real or personal
35property.

36

14354.  

All unmanned aircraft systems shall be operated so as
37to minimize the collection of images, footage, or data of persons,
38places, or things not specified with particularity in the warrant
39authorizing the use of an unmanned aircraft system, or, if no
P7    1warrant was obtained, for purposes unrelated to the justification
2for the operation.

3

14355.  

(a) This title is not intended to conflict with or
4supersede federal law, including rules and regulations of the
5Federal Aviation Administration.

6(b) A local legislative body may adopt more restrictive policies
7on the acquisition or use of unmanned aircraft systems.

8

14356.  

For the purposes of this title, the following definitions
9shall apply:

10(a) “Criminal intelligence” means information compiled,
11analyzed, or disseminated in an effort to anticipate, prevent,
12monitor, or investigate criminal activity.

13(b) “Law enforcement agency” means the Attorney General of
14the State of California, each district attorney, and each agency of
15the State of California authorized by statute to investigate or
16prosecute law violators.

17(c) “Public agency” means and includes each state agency and
18each local agency.

19(d)  “Unmanned aircraft system” means an unmanned aircraft
20and associated elements, including communication links and the
21components that control the unmanned aircraft, that are required
22for the pilot in command to operate safely and efficiently in the
23national airspace system.

24

14357.  

Except as provided in this title, the surveillance
25restrictions on electronic devices described in Chapter 1.5
26(commencing with Section 630) of Title 15 of Part 1 shall apply
27to the use or operation of an unmanned aircraft system by a public
28agency.

29

SEC. 3.  

The Legislature finds and declares that Section 1 of
30this act, which adds Section 6254.31 of the Government Code,
31imposes a limitation on the public’s right of access to the meetings
32of public bodies or the writings of public officials and agencies
33within the meaning of Section 3 of Article I of the California
34Constitution. Pursuant to that constitutional provision, the
35Legislature makes the following findings to demonstrate the interest
36protected by this limitation and the need for protecting that interest:

P8    1In order to ensure the safety of persons involved in investigations
2and to preserve the integrity of those investigations, it is necessary
3that this act take effect.



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