Amended in Senate June 24, 2015

Amended in Assembly April 22, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 56

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 begin delete public end delete begin insert law enforcement end insert agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, begin delete 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. end delete begin insert except as provided by the bill’s provisions. The bill would authorize a law enforcement agency to use an unmanned aircraft system if the law enforcement agency complies with specified requirements, including, among others, that prior to the use of an unmanned aircraft system, the law enforcement agency develops and makes available to the public a policy on the use of an unmanned aircraft system, as provided, and that the law enforcement agency complies with protections against unreasonable searches guaranteed by the United States Constitution and the California Constitution, federal law applicable to the use of an unmanned aircraft system by an agency, state and local law applicable to any agency’s use of surveillance technology that can be attached to an unmanned aircraft system, and the unmanned aircraft system policy developed by the law enforcement agency pursuant to the bill’s provisions. The bill would prohibit a law enforcement agency from using an unmanned aircraft system to surveil private property unless, among other justifications, the law enforcement agency obtains a search warrant. end insert

The begin delete bill would require reasonable public notice to be provided by public agencies intending to deploy unmanned aircraft systems, as specified. The bill would require a local legislative body that 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 end delete 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 begin insert of private property end insert obtained through the use of an unmanned aircraft system under these provisions from being disseminated outside the collecting begin delete public end delete begin insert law enforcement end insert 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 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. begin insert By creating a new crime, the bill would impose a state-mandated local program. end insert 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 begin delete public end delete begin insert law enforcement end insert 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
begin delete public end delete begin insert law enforcement end insert agency for the use of an unmanned aircraft
system.

(b) A law enforcement agency may use an unmanned aircraft
system 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 begin insert and local end insert 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.

begin delete

(4) The law enforcement agency shall obtain prior approval
from the legislative body having management and control of the
agency.

(5)

end delete

begin insert (4) end insert  If the use of an unmanned aircraft system by a local law
enforcement agency may involve the begin delete systematic end delete collection of
images from an adjacent county, city, or city and county, the law
enforcement agency shall obtain begin delete approval from the local legislative
body of that county, city, or city and county. end delete begin insert a warrant based on
probable cause. end insert

begin delete

(6)

end delete

begin insert (5) end insert   begin insert (A) end insert begin insert   end insert The begin insert law enforcement end insert agency begin delete shall develop end delete begin insert develops end insert
and begin delete make end delete begin insert makes end insert available to the public a policy on the use of an
unmanned aircraft system and begin delete shall train end delete begin insert trains end insert the law enforcement
agency’s officers and employees on the policy, prior to the use of
the unmanned aircraft system.

begin delete

(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.

(d)

end delete begin insert

(B) The law enforcement agency uses the unmanned aircraft
system consistent with the policy developed pursuant to this
paragraph.

end insert begin insert

(C) Prior to finalizing the policy required by this paragraph,
the law enforcement agency shall provide an opportunity for public
comment at a regularly scheduled public meeting of its governing
body.

end insert begin insert

(D) The policy required by this paragraph shall specify, at a
minimum, the circumstances under which an unmanned aircraft
system may be used and the time limits applicable to each
circumstance.

end insert

begin insert (c) end insert  A law enforcement agency shall not use an unmanned aircraft
system 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 begin delete grant access to end delete begin insert authorize a search of end insert the specific
private property to be subjected to surveillance.

begin delete

(e)

end delete

begin insert (d) end insert  Notwithstanding subdivision begin delete (d), end delete begin insert (c), end insert a law enforcement
agency may use an unmanned aircraft system to surveil private
property if an exigent circumstance exists, including, but not
limited to, begin delete one end delete begin insert either end insert 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, begin insert barricaded suspects, end insert “hot pursuit” situations if reasonably
necessary to prevent harm to law enforcement officers or others,
and search and rescue operations on land or water.

begin delete

(2) To assess the necessity of first responders and process scenes
in situations relating to traffic accidents.

end delete begin delete

(3) To document traffic collision and crime scenes.

end delete begin delete

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

end delete begin delete

(5)

end delete

begin insert (2) end insert  To determine the appropriate response to an imminent or
existing environmental emergency or disaster, including, but not
limited to, oils spills or chemical spills.

begin delete

(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.

(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.

end delete

begin delete

14351.  

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.

end delete

begin delete 14352. end delete
begin insert 14351. end insert   

(a)  begin delete (1) end delete begin delete   end delete begin delete (A) end delete begin delete   end delete Except as permitted by this title, images,
footage, or data obtained by a begin delete public end delete begin insert law enforcement end insert agency, or
any entity contracting with a begin delete public end delete begin insert law enforcement end insert agency, of begin delete a end delete
private property begin delete and end delete pursuant to this title shall not be disseminated
to begin delete a end delete begin insert another end insert law enforcement agency unless the law enforcement
agency has the permission of the person or entity with the legal
authority to begin delete grant access to end delete begin insert authorize a search of end insert the begin insert specific
private end insert 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.

begin delete

(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.

end delete

(b) Except as permitted by this title, images, footage, or data
obtained by a begin delete public end delete begin insert law enforcement end insert agency through the use of
an unmanned aircraft system shall not be used by the begin delete public end delete begin insert law
enforcement end insert 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 begin delete public end delete begin insert law enforcement end insert agency may retain
the images, footage, or data in begin delete all end delete begin insert both end insert 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 begin delete public end delete begin insert law enforcement end insert agency’s employees in
matters related to the mission of the begin delete public end delete begin insert law enforcement end insert 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.

begin delete

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

end delete begin delete

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

end delete

(2) Notwithstanding paragraph (1), a begin delete public end delete begin insert law enforcement end insert
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,
begin delete or end delete enforcement begin delete proceeding. end delete begin insert proceeding, or criminal investigation. end insert

begin delete 14353. end delete
begin insert 14352. end insert   

Unless authorized by federal law, a person or entity,
including a begin delete public end delete begin insert law enforcement end insert agency subject to Section
14350 or a person or entity under contract to a begin delete public end delete begin insert law
enforcement end insert 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 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.

begin delete 14354. end delete
begin insert 14353. end insert   

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.

begin delete 14355. end delete
begin insert 14354. end insert   

(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, use, or retention of unmanned aircraft systems.

begin delete 14356. end delete
begin insert 14355. end insert   

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 begin delete General of
the State of California, end delete begin insert General, end insert each district attorney, and each
agency of the begin delete State of California end delete begin insert state or political subdivision of
the state end insert authorized by statute to investigate or prosecute law
violators.

begin delete

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

(d)

end delete

begin insert (c) end insert   “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.

begin delete 14357. end delete
begin insert 14356. end insert   

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 begin insert either end insert from a legislative mandate
that is within the scope of paragraph (7) of subdivision (b) of
Section 3 of Article I of the California begin delete Constitution. end delete begin insert Constitution,
or because this act creates a new crime or infraction, eliminates
a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII   B of the California Constitution. end insert