BILL NUMBER: AB 56	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 7, 2015
	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 law enforcement agencies from
using unmanned aircraft systems,  or contracting for the use
of unmanned aircraft systems, as defined,   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, 
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   before
 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  public   law enforcement  agency.
   The bill would make its provisions applicable to all 
public   law enforcement agencies  and private
entities when contracting with  a public   or
acting as the agent of a law enforcement  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   system, in  cluding
use  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  system, or contract for the use of an unmanned
aircraft system,   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,  except as provided in
this title. This title shall apply to all  public 
 law enforcement agencies  and private entities when
contracting with  or acting as the agent of  a law
enforcement agency for the use of an unmanned aircraft system.
   (b) A law enforcement agency may use an unmanned aircraft 
system   system, or use information obtained from an
unmanned aircraft system used by another public agency,  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  images from
an adjacent   images,   footage, or data from
another  county, city, or city and county, the law enforcement
agency shall obtain a warrant based on probable  cause.
  cause, unless an exigent circumstance exists. 
   (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,  prior to   before  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)  Prior to   Before  finalizing the
policy required by this paragraph, the law enforcement agency shall
 provide an opportunity for public comment  
present the proposed policy  at a regularly scheduled  and
noticed  public meeting of its governing  body.
  body with an opportunity for public comment. 
   (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.   all of the following:  
   (i) The circumstances under which an unmanned aircraft system may
and may not be used.  
   (ii) The time limits applicable to each circumstance.  
   (iii) The rules and processes required before such use.  

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

   (vi) Training required for any individual authorized to use or
access the sharing or information.  
   (vii) Sharing of images, data, or footage with other law
enforcement agencies and public agencies.  
   (viii) The manner in which information obtained from another
public agency will be used.  
   (ix) Mechanisms to ensure the policy is followed. 
   (c) A law enforcement agency shall not use an unmanned aircraft
 system   system, or information obtained from
an unmanned aircraft system used by another public agency,  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. 
   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.  
   14351.  (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. 
   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
 than those specified in state law  on the acquisition, use,
or retention of unmanned aircraft systems.
   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) 
    (a)  "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. 
   (c) 
    (b)   "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 
public   law enforcement  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.