BILL NUMBER: AB 56 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2015
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
law enforcement 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. 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.
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 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 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 of private property
obtained through the use of an unmanned aircraft system under
these provisions from being disseminated outside the collecting
public law enforcement 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. By creating a new crime, the bill would impose a
state-mandated local program. 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 law enforcement
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 law enforcement
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 and local 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)
(4) 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. a warrant based on probable cause.
(6)
(5) (A) The law enforcement
agency shall develop develops and
make makes available to the public a
policy on the use of an unmanned aircraft system and shall
train trains 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.
(d)
(B) The law enforcement agency uses the unmanned aircraft system
consistent with the policy developed pursuant to this paragraph.
(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.
(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.
(c) 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 grant access to authorize a
search of the specific private property to be subjected to
surveillance.
(e)
(d) Notwithstanding subdivision (d),
(c), 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
either 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, barricaded suspects, "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)
(2) To determine the appropriate response to an
imminent or existing environmental emergency or disaster, including,
but not limited to, oils spills or chemical spills.
(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.
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.
14352. 14351. (a) (1)
(A)
Except as permitted by this title, images, footage, or data
obtained by a public law enforcement
agency, or any entity contracting with a public
law enforcement agency, of a private
property and pursuant to this title shall not be
disseminated to a another law
enforcement agency unless the law enforcement agency has the
permission of the person or entity with the legal authority to
grant access to authorize a search of
the specific private 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 law enforcement
agency through the use of an unmanned aircraft system shall not be
used by the public law enforcement
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 law enforcement
agency may retain the images, footage, or data in all
both 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 law enforcement
agency's employees in matters related to the mission of the
public law enforcement 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
law enforcement 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.
proceeding, or criminal investigation.
14353. 14352. Unless authorized by
federal law, a person or entity, including a public
law enforcement agency subject to Section 14350
or a person or entity under contract to a public
law enforcement 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.
14354. 14353. 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. 14354. (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.
14356. 14355. 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, General, each
district attorney, and each agency of the State of
California state or political subdivision of the state
authorized by statute to investigate or prosecute law
violators.
(c) "Public agency" means and includes each state agency and each
local agency.
(d)
(c) "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. 14356. 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 either 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. 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.