BILL NUMBER: AB 56	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  APRIL 8, 2015

INTRODUCED BY   Assembly Member Quirk
   (Principal coauthor: Assembly Member Campos)

                        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  , subject to approval by the
legislative body   having management and control of the law
enforcement agency and other specified conditions,  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 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.   The bill would require a local
legislative body t   hat considers approving the use of an
unmanned aircraft system by a law enforcement   agency to
provide an opportunity for public comment before granting approval,
and to specify the circumstances under which an unmanned aircraft
system may be used and the time limits applicable to each
circumstance.  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   , 
 or launched or directed from,  an unmanned aircraft system
and that is intended to cause  incapacitation,  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:

  SECTION 1.  Section 6254.31 is added to the Government Code, to
read:
   6254.31.  (a) Notwithstanding any provision of this chapter,
images, footage, or data obtained through the use of an unmanned
aircraft system pursuant to Title 14 (commencing with Section 14350)
of Part 4 of the Penal Code, 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.
   (b) Notwithstanding subdivision (a), nothing in this chapter or
any other law 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 an investigation, or would endanger the successful
completion of the investigation.
  SEC. 2.  Title 14 (commencing with Section 14350) is added to Part
4 of the Penal Code, to read:

      TITLE 14.  UNMANNED AIRCRAFT SYSTEMS


   14350.  (a) A public agency shall not use an unmanned aircraft
system, or contract for the use of an unmanned aircraft system,
except as provided in this title. This title shall apply to all
public and private entities when contracting with a public agency for
the use of an unmanned aircraft system.
   (b) A law enforcement agency may use an unmanned aircraft system
 over public lands, highways, and spaces open to the public
without a warrant.   if the law enforcement agency
complies with all   of the following:  
   (1) Protections against unreasonable searches guaranteed by the
United States Constitution and the California Constitution. 

   (2) Federal law applicable to the use of an unmanned aircraft
system by an agency, including, but not limited to, regulations of
the Federal Aviation Administration.  
   (3) State law applicable to any agency's use of surveillance
technology that can be attached to an unmanned aircraft system,
including, but not limited to, Chapter 1.5 (commencing with Section
630) of Title 15 of Part 1.  
   (4) The law enforcement agency shall obtain prior approval from
the legislative body having management and control of the agency.
 
   (5) If the use of an unmanned aircraft system by a local law
enforcement agency may involve the systematic collection of images
from an adjacent county, city, or city and county, the law
enforcement agency shall obtain approval from the local legislative
body of that county, city, or city and county.  
   (6) The agency shall develop and make available to the public a
policy on the use of an unmanned aircraft system and shall train the
law enforcement agency's officers and employees on the policy, prior
to the use of the unmanned aircraft system.  
   (c) (1) A local legislative body that considers approving the use
of an unmanned aircraft system for use by a law enforcement agency to
gather information pursuant to this section shall provide an
opportunity for public comment at a regularly scheduled public
meeting of the body before granting approval.  
   (2) The approval granted by a local legislative body pursuant to
this section shall specify, at a minimum, the circumstances under
which an unmanned aircraft system may be used and the time limits
applicable to each circumstance.  
   (c) 
    (d)  A law enforcement agency  may 
 shall not  use an unmanned aircraft system  under
400 feet above ground level over private property if it has obtained
consent from the property owner or a warrant based on probable cause
pursuant to this code.   to surveil private property
unless the law enforcement agency complies with subdivision (b) and
has obtained either of the following:  
   (1) A search warrant based on probable cause.  
   (2) The express permission of the person or entity with the legal
authority to grant access to the specific private property to be
subjected to surveillance.  
   (d) A law enforcement agency, without consent from the property
owner or obtaining a warrant, may use an unmanned aircraft system in
all of the following circumstances over private property: 

   (e) Notwithstanding subdivision (d), a law enforcement agency may
use an unmanned aircraft system to surveil private property if an
exigent circumstance exists, including, but not limited to, one of
the following circumstances: 
   (1) In emergency situations if there is an imminent threat to life
or of 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 on land or water.
   (2) To assess the necessity of first responders and process scenes
in situations relating to traffic accidents.
   (3) To document traffic collision and crime scenes.
   (4) To inspect state parks and wilderness areas for illegal
vegetation or fires, regardless of permanent improvements or
temporary human habitation.
   (5) To determine the appropriate response to an imminent or
existing environmental emergency or disaster, including, but not
limited to, oils spills or chemical spills. 
   (e) 
    (f)  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. 
   (f) 
    (g)  A public agency that is not primarily a law
enforcement agency, but that employs peace officers or performs
functions related to criminal investigations, may use an unmanned
aircraft system without obtaining a warrant to achieve the core
mission of the agency provided that the purpose is unrelated to the
gathering of criminal intelligence, and that the images, footage, or
data are not used for any purpose other than that for which it was
collected.
   14351.   (a)    A public agency
that uses an unmanned aircraft system, or contracts for the use of an
unmanned aircraft system, pursuant to this title shall first provide
reasonable notice to the public. Reasonable notice shall, at a
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. 
   (b) A law enforcement agency that uses an unmanned aircraft system
shall first provide reasonable notice to the public or to the
governing board, or create a set of guidelines, which will be made
available to the public. Reasonable notice or the guidelines shall,
at a minimum, consist of a one-time announcement regarding the agency'
s intent to deploy unmanned aircraft system technology, a description
of the technology's capabilities, and what the technology will and
will not be used for. 
   14352.  (a) (1) (A) Except as permitted by this title, images,
footage, or data obtained by a public agency, or any entity
contracting with a public agency,  over   of a
 private property and pursuant to this title shall not be
disseminated to a law enforcement agency unless the law enforcement
agency has  obtained consent from the property owner or a
warrant   the permission of the person or entity with
the legal authority to grant access to the property or a search
warrant  for the images, footage, or data based on probable
cause pursuant to this code, or the law enforcement agency would not
have been required to obtain a warrant to collect the images,
footage, or data itself, as specified in Section 14350.
   (B) A public agency that is not primarily a law enforcement
agency, but that employs peace officers or performs functions related
to criminal investigations, may disseminate images, footage, or data
collected pursuant to Section 14350 if the dissemination is to
others within that agency.
   (2) Except as permitted by this title, 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:
   (i) The collecting public agency is not a law enforcement agency.
   (ii) The images, footage, or data are related to the core function
of the collecting public agency.
   (3) A public agency may make available to the public images,
footage, or data obtained by the public agency through the use of an
unmanned aircraft system if both of the following conditions are
satisfied:
   (A) The images, footage, or data do not depict or describe any
individual or group of individuals, or the activities of any
individual or group of individuals whose identity or identities can
be ascertained.
   (B) The disclosure of the images, footage, or data is required to
fulfill the public agency's statutory or mandatory obligations.
   (b) Except as permitted by this title, 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.
   (c) (1) 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 in all of the following circumstances:
   (A) For training purposes. Images, footage, or data retained for
training purposes shall be used only for the education and
instruction of a public agency's employees in matters related to the
mission of the public agency and for no other purpose.
   (B) For academic research or teaching purposes. Images, footage,
or data retained for academic research or teaching purposes shall be
used only for the advancement of research and teaching conducted by
an academic or research institution and matters related to the
mission of the institution and for no other purpose.
   (C) For purposes of monitoring material assets owned by the public
agency.
   (D) For environmental, public works, or land use management or
planning by the public agency.
   (2) Notwithstanding paragraph (1), a public agency may retain
beyond one year images, footage, or data obtained through the use of
an unmanned aircraft system in both of the following circumstances:
   (A) If a  search  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  , internal disciplinary 
 proceeding,  or enforcement proceeding.
   14353.  Unless authorized by federal law, a person or entity,
including a public agency subject to Section 14350 or a person or
entity under contract to a public agency, for the purpose of that
contract, shall not equip or arm an unmanned aircraft system with a
weapon or other device that may be carried  by or launched
from   by, or launched or directed from,  an
unmanned aircraft system and that is intended to cause 
incapacitation,  bodily injury or death, or damage to, or the
destruction of, real or personal property.
   14354.  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.
   14355.  (a) This title is not intended to conflict with or
supersede federal law, including rules and regulations of the Federal
Aviation Administration.
   (b) A local legislative body may adopt more restrictive policies
on the acquisition  or use   , use, or retention
 of unmanned aircraft systems.
   14356.  For the purposes of this title, the following definitions
shall apply:
   (a) "Criminal intelligence" means information compiled, analyzed,
or disseminated in an effort to anticipate, prevent, monitor, or
investigate criminal activity.
   (b) "Law enforcement agency" means the Attorney General of the
State of California, each district attorney, and each agency of the
State of California authorized by statute to investigate or prosecute
law violators.
   (c) "Public agency" means and includes each state agency and each
local agency.
   (d)  "Unmanned aircraft system" means 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 safely and efficiently in the national airspace
system.
   14357.  Except as provided in this title, the surveillance
restrictions on electronic devices described in Chapter 1.5
(commencing with Section 630) of Title 15 of Part 1 shall apply to
the use or operation of an unmanned aircraft system by a public
agency.
  SEC. 3.  The Legislature finds and declares that Section 1 of this
act, which adds Section 6254.31 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
   In order to ensure the safety of persons involved in
investigations and to preserve the integrity of those investigations,
it is necessary that this act take effect.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.