BILL ANALYSIS                                                                                                                                                                                                    



                                                                        AB 56


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          ASSEMBLY THIRD READING


          AB  
          56 (Quirk)


          As Amended  April 22, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |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,       |                      |








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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