BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 56| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. AB 56 Page 2 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 AB 56 Page 3 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 AB 56 Page 4 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, AB 56 Page 5 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 AB 56 Page 6 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: AB 56 Page 7 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 AB 56 Page 8 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) AB 56 Page 9 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 ****