BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 56|
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THIRD READING
Bill No: AB 56
Author: Quirk (D)
Amended: 9/1/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-2, 7/7/15
AYES: Hancock, Leno, Liu, Monning
NOES: Glazer, Stone
NO VOTE RECORDED: Anderson
SENATE JUDICIARY COMMITTEE: 5-2, 7/14/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Moorlach, Anderson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 61-12, 5/26/15 - See last page for vote
SUBJECT: Unmanned aircraft systems
SOURCE: Author
DIGEST: This bill sets forth when an unmanned aircraft system
can be used by a law enforcement agency.
ANALYSIS: Existing federal law requires, in the Aviation
Administration Modernization and Reform Act of 2012, the
Secretary of Transportation to develop a comprehensive plan to
safely accelerate the integration of civil unmanned aircraft
systems into the national airspace system. The plan is required
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to provide for safe integration of civil unmanned aircraft
systems into national airspace as soon as practicable, not later
than September 30, 2015. (112 P.L. 95, 332.)
Existing state law:
1) Authorizes the Attorney General, chief deputy attorney
general, chief assistant attorney general, district attorney
or the district attorney's designee to apply to the
presiding judge of the superior court for an order
authorizing the interception of wire or electronic
communications under specified circumstances. (Penal Code
§§ 629.50 et. seq.)
2) Prohibits wiretapping or eavesdropping on confidential
communications. (Penal Code § 630.)
3) Makes it a crime for a person, intentionally, and without
requisite consent, to eavesdrop on a confidential
communication by means of any electronic amplifying or
recording device. (Penal Code § 632.)
4) Exempts the Attorney General, any district attorney,
specified peace officers such as city police and county
sheriffs, and a person acting under the direction of an
exempt agency from the prohibitions against wiretapping and
other related activities to the extent that they may
overhear or record any communication that they were lawfully
authorized to overhear or record prior to the enactment of
the prohibitions. Existing law provides that any evidence
so obtained is admissible in any judicial, administrative,
or legislative proceeding. (Penal Code § 633.)
5) The US Constitution provides that "the right of the people
to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly
describing the place to be searched and the persons or
things to be seized." (4th Amendment of the U.S.
Constitution.)
6) The California Constitution provides that "the right of
the people to be secure in their persons, houses, papers and
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effects against unreasonable seizures and searches may not
be violated; and a warrant may not issue except on probable
cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and
things to be seized." (Article I, Section 13 of the
California Constitution.)
7) Defines a "search warrant" as 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. (Penal Code § 1523.)
8) Permits a search warrant to be issued for any of the
following grounds:
a) When the property subject to search was stolen or
embezzled;
b) When property or things were used as the means to
commit a felony;
c) When the property or things are in the possession of
any person with the intent to use them as a means of
committing a public offense, or in the possession of
another to whom he or she may have delivered them for the
purpose of concealing them or preventing them from being
discovered;
d) When the property or things to be seized consist of
any item or constitute any evidence that tends to show a
felony has been committed, or tends to show that a
particular person has committed a felony;
e) When the property or things to be seized consist of
evidence that tends to show that sexual exploitation of a
child or possession of matter depicting sexual conduct of
a person under the age of 18 years has occurred or is
occurring;
f) When there is a warrant to arrest a person;
g) When a provider of electronic communication service or
remote computing service has records or evidence, as
specified, showing that property was stolen or embezzled
constituting a misdemeanor, or that property or things are
in the possession of any person with the intent to use
them as a means of committing a misdemeanor public
offense, or in the possession of another to whom he or she
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may have delivered them for the purpose of concealing them
or preventing their discovery;
h) When the property or things to be seized include an
item or any evidence that tends to show a violation of a
specified section of the Labor Code, or tends to show that
a particular person has violated that section;
i) When the property or things to be seized include a
firearm or any other deadly weapon at the scene of, or at
the premises occupied or under the control of the person
arrested in connection with, a domestic violence incident
involving a threat to human life or a physical assault, as
specified;
j) When the property or things to be seized include a
firearm or any other deadly weapon that is owned by, or in
the possession of, or in the custody or control of,
specified persons;
aa) When the property or things to be seized include a
firearm that is owned by, or in the possession of, or in
the custody or control of, a person who is subject to the
prohibitions regarding firearms, as specified, if a
prohibited firearm is possessed, owned, in the custody of,
or controlled by a person against whom a specified
protective order has been issued, the person has been
lawfully served with that order, and the person has failed
to relinquish the firearm as required by law; or when the
person is subject to a gun violence restraining order,
bb) When the information to be received from the use of a
tracking device constitutes evidence that tends to show
that either a felony, a misdemeanor violation of the Fish
and Game Code, or a misdemeanor violation of the Public
Resources Code has been committed or is being committed,
tends to show that a particular person has committed a
felony, a misdemeanor violation of the Fish and Game Code,
or a misdemeanor violation of the Public Resources Code,
or is committing a felony, a misdemeanor violation of the
Fish and Game Code, or a misdemeanor violation of the
Public Resources Code, or will assist in locating an
individual who has committed or is committing a felony, a
misdemeanor violation of the Fish and Game Code, or a
misdemeanor violation of the Public Resources Code; and
cc) When a sample of the blood of a person constitutes
evidence of a DUI. (Penal Code §1524(a).)
This bill:
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1) Provides that a law enforcement agency shall not use an
unmanned aircraft system (UAS), or contract for the use of an
UAS, except as provided.
2) Provides that a law enforcement agency may use a UAS if the
law enforcement agency complies.
3) 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 authorize a
search of the specific private property to be subjected to
surveillance.
4) Provides that 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.
5) Provides that the policy on unmanned aircraft systems shall
be made available to the public in writing, and posted on the
law enforcement agency's website, if one exists.
6) States that a policy on an unmanned aircraft must address
specified items.
7) Allows a law enforcement agency to use an UAS to surveil
private property if an exigent circumstance exists, including
but not limited to, either of the following circumstances:
a) 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;
b) 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) Provides that images, footage or data obtained by a law
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enforcement agency through the use of an UAS shall not be
used by the law enforcement agency for any purpose other than
for which it was collected.
9) Provides that images, footage, or data obtained through eh
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 the
following circumstances:
a) For training purposes. Images, footage or data
retained can be used 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.
10)Provides that law enforcement may retain beyond one year
images, footage, or data obtained by an UAS 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.
11)Provides that unless authorized by federal law, a person or
entity including a law enforcement agency 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
destruction of real or personal property.
12)Provides that 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
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particularity in the warrant authorizing the use of an
unmanned aircraft system, or if no warrant was obtained, for
the purposes unrelated to the justification for the
operation.
13)Provides that a local legislative body may adopt more
restrictive policies on the acquisition, use of or retention
of unmanned aircraft systems.
14)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.
15)Defines "criminal intelligence" as information, compiled,
analyzed or disseminated in an effort to anticipate, prevent,
monitor, or investigate criminal activity.
16)Provides that "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 the law.
17)Provides that a public agency with a core mission to protect
an environmental resource is not a law enforcement agency
when the agency is performing an act directly connected to
the agency's core mission.
18)Provides for the ability for an individual to get civil
sanctions for a violation of this provision.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Significant one-time and ongoing non-reimbursable local law
enforcement agency costs (Local Funds) to adhere to the
standards and protections provided for under this measure
including but not limited to the development of policies,
procedures, training, data security, collection, and
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retention, and public access.
One-time and ongoing potentially significant future cost
pressure (General Fund/Special Fund) to the extent UAS are
utilized in the future by state agencies including but not
limited to the Department of Justice (DOJ), the California
Highway Patrol (CHP), and the Department of Fish and Wildlife
(DFW
SUPPORT: (Verified 8/31/15)
California Civil Liberties Advocacy
OPPOSITION: (Verified 8/31/15)
ACLU
California Police Chiefs Association
California State Sheriffs' Association
ASSEMBLY FLOOR: 61-12, 5/26/15
AYES: Alejo, Travis Allen, Bigelow, Bonilla, Bonta, Brown,
Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Dababneh,
Dahle, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia,
Gatto, Gipson, Gomez, Gordon, Grove, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mayes, McCarty, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Rendon,
Ridley-Thomas, Salas, Santiago, Steinorth, Mark Stone,
Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood,
Atkins
NOES: Baker, Brough, Cooley, Cooper, Frazier, Beth Gaines,
Gallagher, Gray, Hadley, Medina, Olsen, Perea
NO VOTE RECORDED: Achadjian, Bloom, Chávez, Gonzalez, Harper,
Mathis, Rodriguez
Prepared by:Mary Kennedy / PUB. S. /
9/1/15 20:20:27
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