Amended in Senate July 7, 2015

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 law enforcement agencies from using unmanned aircraft systems, begin delete or contracting for the use of unmanned aircraft systems, as defined, end delete begin insert obtaining an unmanned aircraft system from another public agency by contract, loan, or other arrangement, or using information obtained from an unmanned aircraft system used by another public agency, end 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 begin delete prior to end delete begin insert before end insert 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 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 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 begin delete public end delete begin insert law enforcement end insert agency.

The bill would make its provisions applicable to all begin delete public end delete begin insert law enforcement agencies end insert and private entities when contracting with begin delete a public end delete begin insert or acting as the agent of a law enforcement end insert 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 begin delete system end delete begin insert system, including use end insert 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 law enforcement agency shall not use an
unmanned aircraft begin delete system, or contract for the use of an unmanned
aircraft system, end delete begin insert system, obtain an unmanned aircraft system from
another public agency by contract, loan, or other arrangement,
or use information obtained from an unmanned aircraft system
used by another public agency, end insert except as provided in this title.
This title shall apply to all begin delete public end delete begin insert law enforcement agencies end insert and
private entities when contracting with begin insert or acting as the agent of end insert a
law enforcement agency for the use of an unmanned aircraft
system.

(b) A law enforcement agency may use an unmanned aircraft
begin delete system end delete begin insert system, or use information obtained from an unmanned
aircraft system used by another public agency, end insert 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) If the use of an unmanned aircraft system by a local law
enforcement agency may involve the collection of begin delete images from
an adjacent end delete begin insert images, footage, or data from another end insert county, city, or
city and county, the law enforcement agency shall obtain a warrant
based on probable begin delete cause. end delete begin insert cause, unless an exigent circumstance
exists. end insert

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

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

(C)  begin delete Prior to end delete begin insert Before end insert finalizing the policy required by this
paragraph, the law enforcement agency shall begin delete provide an opportunity
for public comment end delete begin insert present the proposed policy end insert at a regularly
scheduled begin insert and noticed end insert public meeting of its governing begin delete body. end delete begin insert body
with an opportunity for public comment. end insert

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

begin insert

(i) The circumstances under which an unmanned aircraft system
may and may not be used.

end insert begin insert

(ii) The time limits applicable to each circumstance.

end insert begin insert

(iii) The rules and processes required before such use.

end insert begin insert

(iv) The individuals who may access or use an unmanned
aircraft system or its collected information and the circumstances
under which they may do so.

end insert begin insert

(v) The safeguards to protect unauthorized use or access.

end insert begin insert

(vi) Training required for any individual authorized to use or
access the sharing or information.

end insert begin insert

(vii) Sharing of images, data, or footage with other law
enforcement agencies and public agencies.

end insert begin insert

(viii) The manner in which information obtained from another
public agency will be used.

end insert begin insert

(ix) Mechanisms to ensure the policy is followed.

end insert

(c) A law enforcement agency shall not use an unmanned aircraft
begin delete system end delete begin insert system, or information obtained from an unmanned aircraft
system used by another public agency, end insert 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 authorize a search of the specific private property to
be subjected to surveillance.

(d) Notwithstanding subdivision (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,
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 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

14351.  

(a) Except as permitted by this title, images, footage,
or data obtained by a law enforcement agency, or any entity
contracting with a law enforcement agency, of private property
pursuant to this title shall not be disseminated to another law
enforcement agency unless the law enforcement agency has the
permission of the person or entity with the legal authority 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) Except as permitted by this title, images, footage, or data
obtained by a law enforcement agency through the use of an
unmanned aircraft system shall not be used by the 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 law enforcement agency may retain the
images, footage, or data in 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 law enforcement agency’s employees in matters
related to the mission of the 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.

(2) Notwithstanding paragraph (1), a 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,
enforcement proceeding, or criminal investigation.

end delete begin insert

begin insert 14351. end insert   

(a) Images, footage, or data obtained through the use
of an unmanned aircraft system shall be permanently destroyed
within one year, except that a law enforcement agency may retain
the images, footage, or data in both of the following circumstances:

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

(2) 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.

(b) Notwithstanding subdivision (a), a 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:

(1) If a search warrant authorized the collection of the images,
footage, or data.

(2) If the images, footage, or data are evidence in any claim
filed or any pending litigation, internal disciplinary proceeding,
enforcement proceeding, or criminal investigation.

end insert

14352.  

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

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.

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
begin insert than those specified in state law end insert on the acquisition, use, or retention
of unmanned aircraft systems.

14355.  

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

begin delete

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

end delete begin delete

(b)

end delete

begin insert (a) end insert  “Law enforcement agency” means the Attorney General,
each district attorney, and each agency of the state or political
subdivision of the state authorized by statute to investigate or
prosecute law violators.

begin delete

(c)

end delete

begin insert (b) 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.

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 begin delete public end delete
begin insert law enforcement end insert 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, 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.