Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 56


Introduced by Assembly Member Quirk

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(Principal coauthor: Assembly Member Campos)

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December 2, 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 56, as amended, Quirk. 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.begin insert The bill would require reasonable public notice, or a set of guidelines, to be made available to the public by law enforcement agencies intending to deploy unmanned aircraft systems, as specified.end insert 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 make its provisions applicable 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 the disclosure requirements discussed 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.

Because this bill would require local entities to comply with additional rules and requirements regarding the use of information obtained from unmanned aircraft systems, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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,
P4    1except as provided in this title. This title shall apply to all public
2and private entities when contracting with a public agency for the
3use of an unmanned aircraft system.

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4(b) A law enforcement agency may use an unmanned aircraft
5system over public lands, highways, and spaces open to the public
6without a warrant.

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7(b)

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8begin insert(c)end insert A law enforcement agency may use an unmanned aircraft
9systembegin insert under 400 feet above ground level over private propertyend insert
10 if it has obtainedbegin insert consent from the property owner orend insert a warrant
11based on probable cause pursuant to this code.

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12(c)

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13begin insert(d)end insert A law enforcement agency, withoutbegin insert consent from the
14property owner orend insert
obtaining a warrant, may use an unmanned
15aircraft system in all of the following circumstancesbegin insert over private
16propertyend insert
:

17(1) In emergency situations if there is an imminent threat to life
18or of great bodily harm, including, but not limited to, fires, hostage
19crises, “hot pursuit” situations if reasonably necessary to prevent
20harm to law enforcement officers or others, and search and rescue
21operations on land or water.

22(2) To assess the necessity of first respondersbegin insert and process scenesend insert
23 in situations relating to traffic accidents.

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24(3) To document traffic collision and crime scenes.

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25(4) To inspect state parks and wilderness areas for illegal
26vegetation or fires, regardless of permanent improvements or
27temporary human habitation.

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28(3) (A) To inspect state parks and wilderness areas for illegal
29vegetation or fires.

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30(B) For purposes of this paragraph, “wilderness areas” means
31public lands without permanent improvements or human habitation.

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32(4)

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33begin insert(5)end insert To determine the appropriate response to an imminent or
34existing environmental emergency or disaster, including, but not
35limited to, oils spills or chemical spills.

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36(d)

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37begin insert(e)end insert A public agency other than a law enforcement agency may
38use an unmanned aircraft system, or contract for the use of an
39unmanned aircraft system, to achieve the core mission of the
P5    1agency provided that the purpose is unrelated to the gathering of
2criminal intelligence.

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3(e)

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4begin insert(f)end insert A public agency that is not primarily a law enforcement
5agency, but that employs peace officers or performs functions
6related to criminal investigations, may use an unmanned aircraft
7system without obtaining a warrant to achieve the core mission of
8the agency provided that the purpose is unrelated to the gathering
9of criminal intelligence, and that the images, footage, or data are
10not used for any purpose other than that for which it was collected.

11

14351.  

begin insert(a)end insertbegin insertend insert A public agency that uses an unmanned aircraft
12system, or contracts for the use of an unmanned aircraft system,
13pursuant to this title shall first provide reasonable notice to the
14public. Reasonable notice shall, at a minimum, consist of a
15one-time announcement regarding the agency’s intent to deploy
16unmanned aircraft system technology and a description of the
17technology’s capabilities.

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18(b) A law enforcement agency that uses an unmanned aircraft
19system shall first provide reasonable notice to the public or to the
20governing board, or create a set of guidelines, which will be made
21available to the public. Reasonable notice or the guidelines shall,
22at a minimum, consist of a one-time announcement regarding the
23agency’s intent to deploy unmanned aircraft system technology,
24a description of the technology’s capabilities, and what the
25technology will and will not be used for.

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26

14352.  

(a) (1) (A) Except as permitted by this title, images,
27footage, or data obtained by a public agency, or any entity
28contracting with a public agency,begin insert over private property andend insert
29 pursuant to this title shall not be disseminated to a law enforcement
30agency unless the law enforcement agency has obtainedbegin insert consent
31from the property owner orend insert
a warrant for the images, footage, or
32data based on probable cause pursuant to this code, or the law
33enforcement agency would not have been required to obtain a
34warrant to collect the images, footage, or data itself, as specified
35in Section 14350.

36(B) A public agency that is not primarily a law enforcement
37agency, but that employs peace officers or performs functions
38related to criminal investigations, may disseminate images, footage,
39or data collected pursuant to Section 14350 if the dissemination
40is to others within that agency.

P6    1(2) Except as permitted by this title, images, footage, or data
2obtained by a public agency, or any entity contracting with a public
3agency, through the use of an unmanned aircraft system shall not
4be disseminated outside the collecting public agency, unless one
5of the following circumstances applies:

6(A) Images, footage, or data obtained by a public agency through
7the use of an unmanned aircraft system may be disseminated to
8another public agency that is not a law enforcement agency if the
9images, footage, or data are related to the core mission of both
10public agencies involved in the sending or receiving of the images,
11footage, or data.

12(B) Images, footage, or data obtained by a public agency through
13the use of an unmanned aircraft system may be disseminated
14outside the collecting public agency if the images, footage, or data
15are evidence in any claim filed or any pending litigation.

16(C) Images, footage, or data obtained by a public agency through
17the use of an unmanned aircraft system may be disseminated to a
18private entity if both of the following conditions are satisfied:

19(i) The collecting public agency is not a law enforcement
20agency.

21(ii) The images, footage, or data are related to the core function
22of the collecting public agency.

23(3) A public agency may make available to the public images,
24footage, or data obtained by the public agency through the use of
25an unmanned aircraft system if both of the following conditions
26are satisfied:

27(A) The images, footage, or data do not depict or describe any
28individual or group of individuals, or the activities of any individual
29or group of individuals whose identity or identities can be
30ascertained.

31(B) The disclosure of the images, footage, or data is required
32to fulfill the public agency’s statutory or mandatory obligations.

33(b) Except as permitted by this title, images, footage, or data
34obtained by a public agency through the use of an unmanned
35aircraft system shall not be used by the public agency for any
36purpose other than that for which it was collected.

37(c) (1) Images, footage, or data obtained through the use of an
38unmanned aircraft system shall be permanently destroyed within
39one year, except that a public agency may retain the images,
40footage, or data in all of the following circumstances:

P7    1(A) For training purposes. Images, footage, or data retained for
2training purposes shall be used only for the education and
3instruction of a public agency’s employees in matters related to
4the mission of the public agency and for no other purpose.

5(B) For academic research or teaching purposes. Images,
6footage, or data retained for academic research or teaching purposes
7shall be used only for the advancement of research and teaching
8conducted by an academic or research institution and matters
9related to the mission of the institution and for no other purpose.

10(C) For purposes of monitoring material assets owned by the
11public agency.

12(D) For environmental, public works, or land use management
13or planning by the public agency.

14(2) Notwithstanding paragraph (1), a public agency may retain
15beyond one year images, footage, or data obtained through the use
16of an unmanned aircraft system in both of the following
17circumstances:

18(A) If a warrant authorized the collection of the images, footage,
19or data.

20(B) If the images, footage, or data are evidence in any claim
21filed or any pending litigation or enforcement proceeding.

22

14353.  

Unless authorized by federal law, a person or entity,
23including a public agency subject to Section 14350 or a person or
24entity under contract to a public agency, for the purpose of that
25contract, shall not equip or arm an unmanned aircraft system with
26a weapon or other device that may be carried by or launched from
27an unmanned aircraft system and that is intended to cause bodily
28injury or death, or damage to, or the destruction of, real or personal
29property.

30

14354.  

All unmanned aircraft systems shall be operated so as
31to minimize the collection of images, footage, or data of persons,
32places, or things not specified with particularity in the warrant
33authorizing the use of an unmanned aircraft system, or, if no
34warrant was obtained, for purposes unrelated to the justification
35for the operation.

36

14355.  

(a) This title is not intended to conflict with or
37supersede federal law, including rules and regulations of the
38Federal Aviation Administration.

39(b) A local legislative body may adopt more restrictive policies
40on the acquisition or use of unmanned aircraft systems.

P8    1

14356.  

For the purposes of this title, the following definitions
2shall apply:

3(a) “Criminal intelligence” means information compiled,
4analyzed, or disseminated in an effort to anticipate, prevent,
5monitor, or investigate criminal activity.

6(b) “Law enforcement agency” means the Attorney General of
7the State of California, each district attorney, and each agency of
8the State of California authorized by statute to investigate or
9prosecute law violators.

10(c) “Public agency” means and includes each state agency and
11each local agency.

12(d)  “Unmanned aircraft system” means an unmanned aircraft
13and associated elements, including communication links and the
14components that control the unmanned aircraft, that are required
15for the pilot in command to operate safely and efficiently in the
16national airspace system.

17

14357.  

Except as provided in this title, the surveillance
18restrictions on electronic devices described in Chapter 1.5
19(commencing with Section 630) of Title 15 of Part 1 shall apply
20to the use or operation of an unmanned aircraft system by a public
21agency.

22

SEC. 3.  

The Legislature finds and declares that Section 1 of
23this act, which adds Section 6254.31 of the Government Code,
24imposes a limitation on the public’s right of access to the meetings
25of public bodies or the writings of public officials and agencies
26within the meaning of Section 3 of Article I of the California
27Constitution. Pursuant to that constitutional provision, the
28Legislature makes the following findings to demonstrate the interest
29protected by this limitation and the need for protecting that interest:

30In order to ensure the safety of persons involved in investigations
31and to preserve the integrity of those investigations, it is necessary
32that this act take effect.

33

SEC. 4.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district under this act would result from a legislative mandate that
37is within the scope of paragraph (7) of subdivision (b) of Section
383 of Article I of the California Constitution.



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