Amended in Senate September 4, 2015

Amended in Senate September 1, 2015

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

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 begin delete Section 6254.31 to the Government Code, and to add end delete 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, makes available to the 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 all applicable federal, state, and local law 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. 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 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, would authorize the court to award attorney’s fees, as specified, and would specify that the bill’s provisions do not impair or impede any other rights, causes of action, claims, or defenses available under other law and that the remedies provided by the bill’s provisions are cumulative with any other remedies available under other law.

begin delete

Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to certain exceptions.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

This bill would make legislative findings to that effect.

end delete begin delete

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.

end delete

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:

begin delete

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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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
applicable federal, state, and local law.

(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.

(d) (1) A law enforcement agency shall develop a policy on
the use of unmanned aircraft systems and 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.

(2) A law enforcement agency shall use the unmanned aircraft
system consistent with the policy developed pursuant to this
subdivision.

(3) Before finalizing the policy required by this 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.

(4) The policy required by this subdivision shall specify, at a
minimum, all of the following:

(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.

(J) Mechanisms to ensure the policy is followed.

(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 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.

(g) Notwithstanding subdivision (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, 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.

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.

14356.  

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

(a) (1) “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 and that employs peace officers.

(2) Notwithstanding paragraph (1), a public agency with a core
mission to protect an environmental resource is not a law
enforcement agency for purposes of this title when the agency is
performing an act directly connected to the agency’s core mission.

begin insert

(b) “Surveil” means the purposeful observation of a person or
private property with the intent of gathering criminal intelligence.

end insert begin delete

(b)

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.

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.  

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.
In addition to any other sanctions, penalties, or remedies provided
by law, the court may award attorneys’ fees pursuant to Section
1021.5 of the Code of Civil Procedure. This title does not impair
or impede any other rights, causes of action, claims, or defenses
available under other law. The remedies provided in this title are
cumulative with any other remedies available under other law.

begin delete

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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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 will be incurred 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