BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 56
          Author:   Quirk (D)
          Amended:  9/4/15 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


          Senate Floor Amendments of 9/4/15 delete the provisions stating  
          that images etc. obtained from an unmanned aircraft system are  
          public records; to define surveil and to make other changes.








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          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 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  







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              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  
              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  







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                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  
                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, 







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              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:

           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  







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             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  
             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:








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              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  
             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)Defines "surveil" as the purposeful observation of a person  
             or private property with the intent of gathering criminal  
             intelligence.

           17)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  







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             to investigate or prosecute the law.

           18)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.

           19)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  
            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:   (Verified9/4/15)


          California Civil Liberties Advocacy


          OPPOSITION:   (Verified9/4/15)









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          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. / 
          9/8/15 17:26:50


                                   ****  END  ****