BILL NUMBER: AB 56 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 16, 2015
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, 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
before the use of an unmanned aircraft system, the law enforcement
agency develops and develops, makes
available to the public public, and, at least
once every 3 years, reviews, 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, protection of the right of privacy guaranteed by
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 require a law enforcement
agency that uses an unmanned aircraft system to ensure that
information and data gathered through the use of the system is
protected with reasonable operational, administrative, technical, and
physical safeguards, and to implement and maintain reasonable
security procedures and practices in order to protect information and
data gathered through the use of that system from unauthorized
access, destruction, use, modification, or disclosure. 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 require a law enforcement agency that operates an
unmanned aircraft system to keep a record of the use of that system,
including information on whether a search warrant was sought before
the system was used, and, in situations where a warrant was sought,
whether the warrant was granted or denied. 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 law enforcement agency.
The bill would make its provisions applicable to all 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.
The bill would authorize, in addition to any other sanctions,
penalties, or remedies provided by law, an individual who has been
harmed by a violation of the bill's provisions to bring a civil
action in any court of competent jurisdiction against a person who
knowingly caused that violation, and would authorize the court to
award, among other things, actual damages, punitive damages, and
other preliminary and equitable relief as the court determines to be
appropriate.
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, including 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, 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 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,
or use information obtained from an unmanned aircraft system used by
another public agency, if the law enforcement agency complies with
the requirements of this title and all of
applicable federal, state, and local law, including
the following:
(1) Protections against unreasonable searches guaranteed by the
United States Constitution and the California Constitution.
(2) Protection of the inalienable right of privacy guaranteed by
the California Constitution.
(2)
(3) 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)
(4) 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)
(c) If the use of an unmanned aircraft system by a
local law enforcement agency may involve the collection of images,
footage, or data from another county, city, or city and county, the
law enforcement agency shall obtain a warrant based on probable
cause, unless an exigent circumstance exists.
(5) (A) The
(d) (1) A
law enforcement agency develops and makes available to the
public shall develop a policy on the use of
an unmanned aircraft system
systems and trains train the
law enforcement agency's officers and employees on the policy,
before the use of the unmanned aircraft system. This policy
shall be made available to the public in writing, and, if the law
enforcement agency has an Internet Web site, the policy shall be
posted conspicuously on that Internet Web site.
(B) The
(2) A law enforcement agency
uses shall use the unmanned aircraft
system consistent with the policy developed pursuant to this
paragraph. subdivision.
(C)
(3) Before finalizing the policy required by this
paragraph, subdivision, the law
enforcement agency shall present the proposed policy at a regularly
scheduled and noticed public meeting of its governing body with an
opportunity for public comment.
(D)
(4) The policy required by this paragraph
subdivision shall specify, at a minimum, 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
(A) How the collection, use, maintenance, sharing, and
dissemination of information and data gathered through the use of an
unmanned aircraft system is consistent with respect for an individual'
s privacy and civil liberties.
(B) The authorized purposes for using an unmanned aircraft system
and for collecting information or data using that technology,
including the circumstances under which an unmanned aircraft system
may and may not be used. The policy shall identify any time limits
applicable to the use of an unmanned aircraft system and the rules
and procedures to be followed before such use.
(C) A description of the employees who are authorized to use or
access information or data collected through the use of an unmanned
aircraft system. The policy shall identify the training requirements
necessary for those authorized employees, as well as the
circumstances under which they may use or access this information or
data.
(D) A description of how the use of an unmanned aircraft system
will be monitored to ensure compliance with all applicable privacy
laws and a process for periodic system audits.
(E) A description of reasonable measures that will be used to
ensure the accuracy of information or data gathered through the use
of an unmanned aircraft system, and a process to correct errors.
(F) A description of how the law enforcement agency will comply
with the security procedures and practices implemented and maintained
pursuant to subdivision (e).
(G) The official custodian or owner of information or data
gathered through the use of an unmanned aircraft system, and the
employee or employees that have the responsibility and accountability
for implementing this subdivision.
(H) The purpose of, and process for, sharing or disseminating
information or data gathered through the use of an unmanned aircraft
system with other law enforcement agencies and public agencies. The
policy shall also identify how the use or further sharing or
dissemination of that information or data will be restricted in order
to ensure respect for an individual's privacy and civil liberties.
(I) The manner in which
information obtained from another public agency will be used.
(ix)
(J) Mechanisms to ensure the policy is followed.
(c)
(K) The policy shall prohibit the use of an unmanned aircraft
system solely for the purpose of monitoring activities protected by
the First Amendment to the United States Constitution, or the lawful
exercise of other rights secured by the United States Constitution,
the California Constitution, and federal and state law. The policy
shall also prohibit the use of an unmanned aircraft system to engage
in discrimination on the basis of race, ethnicity, gender, national
origin, religion, sexual orientation, or gender identity.
(5) The policy required by this subdivision shall be reviewed at
least once every three years to evaluate whether changes may be
needed as a result of innovations or developments in unmanned
aircraft system technology, to identify potential risks to individual
privacy and civil liberties, and to ensure compliance with existing
laws and regulations.
(e) A law enforcement agency that uses an unmanned aircraft system
shall ensure that information and data gathered through the use of
the system is protected with reasonable operational, administrative,
technical, and physical safeguards to ensure its confidentiality and
integrity. A law enforcement agency that uses an unmanned aircraft
system shall implement and maintain reasonable security procedures
and practices in order to protect information and data gathered
through the use of that system from unauthorized access, destruction,
use, modification, or disclosure.
(f) A law enforcement agency shall not use an unmanned
aircraft 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)
(g) Notwithstanding subdivision (c),
(f), 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 oil spills or chemical
spills.
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 law enforcement agency that operates an unmanned
aircraft system shall keep a record of the use of that system, which
shall include information on whether a search warrant was sought
before the system was used, and, in situations where a warrant was
sought, whether the warrant was granted or denied.
14354. 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
than those specified in state law on the acquisition, use, or
retention of unmanned aircraft systems.
14355. 14356. For the purposes of
this title, the following definitions shall apply:
(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.
(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. 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 law enforcement agency.
14358. In addition to any other sanctions, penalties, or remedies
provided by law, an individual who has been harmed by a violation of
this title may bring a civil action in any court of competent
jurisdiction against a person who knowingly caused that violation.
The court may award any of the following:
(a) Actual damages, but not less than liquidated damages in the
amount of two thousand five hundred dollars ($2,500).
(b) Punitive damages upon proof of willful or reckless disregard
of the law.
(c) Reasonable attorney's fees and other litigation costs
reasonably incurred.
(d) Other preliminary and equitable relief as the court determines
to be appropriate.
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.