BILL ANALYSIS Ó
AB 56
Page 1
ASSEMBLY THIRD READING
AB
56 (Quirk)
As Amended April 22, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Public Safety |6-0 |Quirk, Melendez, | |
| | | | |
| | | | |
| | |Jones-Sawyer, | |
| | |Lackey, Low, | |
| | |Santiago | |
| | | | |
|----------------+------+--------------------+----------------------|
|Privacy |9-1 |Gatto, Wilk, |Baker |
| | |Calderon, Chang, | |
| | |Chau, Dababneh, | |
| | |Dahle, Gordon, Low | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, | |
AB 56
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| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Regulates the use of unmanned aircraft systems (UAS) by
public agencies. Specifically, this bill:
1)Defines "UAS" as 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.
2)Prohibits a public agency from using an UAS, or contracting for
the use of an UAS, except as provided in the provisions of this
bill.
3)States that a law enforcement agency may use an UAS if the law
enforcement agency complies with all of the following:
a) Protections against unreasonable searches guaranteed by
the United States Constitution and the California
Constitution.
b) Federal law applicable to the use of an UAS by an agency,
including, but not limited to, regulations of the Federal
Aviation Administration (FAA).
c) State law applicable to any agency's use of surveillance
technology that can be attached to an UAS.
d) The law enforcement agency shall obtain prior approval
from the legislative body having management and control of
the agency.
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e) If the use of an UAS 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.
f) The agency shall develop and make available to the public
a policy on the use of an UAS and shall train the law
enforcement agency's officers and employees on the policy,
prior to the use of the UAS.
4)States that a local legislative body that considers approving
the use of an UAS 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.
5)Specifies that the approval granted by a local legislative body
pursuant to this section shall specify, at a minimum, the
circumstances under which an UAS may be used and the time limits
applicable to each circumstance.
6)Prohibits a law enforcement agency from using an UAS to surveil
private property unless the law enforcement agency complies with
the requirements under this bill, and has either obtained a
search warrant based on probable cause, or the express
permission of the person or entity to grant access to the
specific private property to be subjected to surveillance.
7)Allows a law enforcement agency to use an UAS to surveil private
property if an exigent circumstance exists, including but not
limited to:
a) In emergency situations if there is an imminent threat to
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life or of great bodily harm, including, but not limited to
fires, hostage crises, "hot pursuit" situations if reasonably
necessary to prevent harm to law enforcement officers or
others; and search and rescue operations on land or water;
b) To assess the necessity of first responders and process
scenes in situations relating to traffic accidents;
c) To document traffic collision and crime scenes;
d) To inspect state parks and wilderness areas for illegal
vegetation or fires regardless of permanent improvements or
temporary human habitation; and,
e) To determine the appropriate response to an imminent or
existing environmental emergency or disaster, including, but
not limited to, oils spills or chemical spills.
8)Allows a public agency, other than a law enforcement agency, to
use an UAS, or contract for the use of an UAS, to achieve the
core mission of the agency provided that the purpose is
unrelated to the gathering of criminal intelligence.
9)States that 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 UAS
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.
10)Defines "criminal intelligence" as information compiled,
analyzed, or disseminated in an effort to anticipate, prevent,
monitor, or investigate criminal activity.
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11)Requires a public agency shall provide reasonable notice to the
public that, at a minimum, consists of a one-time announcement
regarding the agency's intent to deploy UAS technology and a
description of the technology's capabilities to the public.
12)States that, except as permitted by the provisions in this
bill, images, footage, or data obtained by a public agency, or
any entity contracting with a public agency, over private
property and pursuant to this bill shall not be disseminated to
a law enforcement agency unless the law enforcement agency the
permission of the person or entity with the legal authority to
grant access to the property or a search warrant for the images,
footage, or data based on probable cause, or the law enforcement
agency would not have been required to obtain a warrant to
collect the images, footage, or data itself as specified.
13)Allows a public agency that is not primarily a law enforcement
agency, but that employs peace officers or performs functions
related to criminal investigations, to disseminate images,
footage, or data collected by the use of an UAS if the
dissemination is to others within that agency.
14)Prohibits disseminating the images, footage, or data to
entities outside the collecting public agency, unless one of the
following circumstances applies:
a) To another public 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) To an entity outside the collecting public agency if the
images, footage, or data are evidence in any claim filed or
any pending litigation; or
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c) To a private entity if both of the following conditions
are satisfied:
i) The collecting public agency is not a law enforcement
agency; and,
ii) The images, footage, or data are related to the core
function of the collecting public agency.
15) Allows a public agency to make available to the public images,
footage, or data obtained by the public agency through the use
of an UAS 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; and,
b) The disclosure of the images, footage, or data is required
to fulfill the public agency's statutory or mandatory
obligations.
16)Prohibits, except as permitted by the provisions of this bill,
public agencies from using images, footage, or data obtained by
a public agency through the use of an UAS for any purpose other
than that for which it was collected.
17)Requires images, footage, or data obtained through the use of
an UAS to be permanently destroyed within one year, except in
the following circumstances:
a) For training purpose, as specified.
b) For academic research or teaching purposes, as specified.
c) For purposes of monitoring material assets owned by the
public agency.
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d) For environmental, public works, or land use management or
planning by the public agency.
e) The images, footage or data are evidence currently being
used, or anticipated to be used, in a criminal proceeding.
18)States, notwithstanding the above provision, a public agency
may retain beyond one year images, footage, or data in 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.
19)Prohibits a person, entity, or public agency from equipping or
arming an UAS with a weapon or other device that may be carried
by, or launched, or directed from, an UAS and that may cause
incapacitation, bodily injury or death or damage to, or the
destruction of, real or personal property, unless authorized by
federal law.
20)Provides that all UAS 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 UAS, or, if no warrant was obtained,
for purposes unrelated to the justification for the operation.
21)States that none of the provisions in this bill are intended to
conflict with or supersede federal law, including rules and
regulations of the FAA; and authorizes a local legislative body
to adopt more restrictive policies on the acquisition, use, or
retention of UAS.
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22)Prohibits a person, entity, or public agency from equipping or
arming an UAS with a weapon or other device that may be carried
by or launched from an UAS and that may cause bodily injury or
death or damage to, or the destruction of, real or personal
property.
23)Provides that surveillance restrictions on electronic devices
shall also apply to UAS.
24)States that none of the provisions above are intended to
conflict with or supersede federal law, including rules and
regulations of the FAA.
25)Provides that notwithstanding any other provision, images,
footage or data obtained through the use of the UAS 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.
26)Clarifies that nothing in this bill or any other law requires
the disclosure of images, footage, or data obtained through the
use of an UAS, or any related record 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.
EXISTING FEDERAL LAW: The Aviation Administration Modernization
and Reform Act of 2012 provides for the integration of civil UAS,
commonly known as drones, into the national airspace system by
September 30, 2015. The Act requires the Administrator of the FAA
to develop and implement operational and certification
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requirements for the operation of public UAS in the national
airspace by December 31, 2015.
EXISTING STATE LAW:
1)States that a search warrant is an order in writing, in the name
of the people, signed by a magistrate, directed to a peace
officer, commanding him or her to search for a person or
persons, a thing or things, or personal property, and, in the
case of a thing or things or personal property, bring the same
before the magistrate.
2)Prohibits wiretapping or eavesdropping on confidential
communications, which excludes communications made in public or
in any circumstance that the parties may reasonably expect that
the communication may be overheard or recorded.
3)Provides that nothing in the sections prohibiting eavesdropping
or wiretapping prohibits specified law enforcement officers or
their assistants or deputies acting within the scope of his or
her authority, from overhearing or recording any communication
that they could lawfully overhear or record.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Requiring every public agency or law enforcement agency that
intends to use UAS to provide notice to the public could easily
exceed $150,000, given the thousands of local agencies, from
local governments, to police departments, to water boards, to
mosquito abatement districts. However, this is not a
reimbursable state mandated cost.
2)Likely minor state trial court costs to the extent that new
requirements regarding warrants and court orders occupy court
time.
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COMMENTS: According to the author, "We live in a culture that is
extremely sensitive to the idea of preventing unnecessary
government intrusion into any facet of our lives. Drones, as with
other technologies, can be a great asset to the state and improve
public safety. For example, the California Military Department
provided firefighters with aerial surveillance while battling the
massive Rim Fire in 2013 along the foothills of the Sierra Nevada.
This aerial surveillance allowed firefighters to track the fire
in real time, allowed commanders to move firefighters out of
harm's way and reposition firefighters as the wind shifted the
fire across the mountainside. However, privacy concerns are an
issue that must be dealt with effectively if the public is to
support the use of drones by their local law enforcement
agencies."
"Over the last few years a number of law enforcement agencies have
purchased drones with no public input and little transparency in
the process. This has stirred feelings of frustration, skepticism
and concern from Californians regarding how drones will be
operated. Though some agencies have indicated that they are not
intending to deploy them anytime soon, allowing for some form of
public forum as they develop their policies and guidelines would
help ease tensions and help to build trust.
"AB 56 will establish a set of parameters for the use of drones in
public and private spaces. It restricts the sharing of data
between agencies (public and law enforcement) to prevent the
roundabout tracking of individuals. Additionally, this bill will
create accountability within the law enforcement community by
requiring that they provide notice to their governing agency or
public on what they intend to use (and not to use) drones for.
This bill recognizes that drones can be a beneficial tool, but at
the same time they can be abused without the proper oversight or
guidance on their use."
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Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0000411