Amended in Assembly May 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1680


Introduced by Assembly Member Rodriguez

January 19, 2016


An act to amend Section 402 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 1680, as amended, Rodriguez. Crimes: emergency personnel.

Existing law provides that every person who goes to the scene of an emergency or stops at the scene of an emergency, for the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical, or other emergency personnel, or military personnel coping with the emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties of that person’s employment to view that scene orbegin insert thoseend insert activities, and thereby impedes police officers, firefighters, emergency medical, or other emergency personnel or military personnel, in the performance of their duties in coping with the emergency, is guilty of a misdemeanor.

This bill would include, for purposes of these provisions, the operation or use of an unmanned aerial vehicle, remote piloted aircraft, orbegin delete dronesend deletebegin insert drone, regardless of the operator’s location,end insert in the definition of a person. By expanding the scope of a crime, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 402 of the Penal Code is amended to
2read:

3

402.  

(a) begin insert(1)end insertbegin insertend insertEvery person who goes to the scene of an
4emergency, or stops at the scene of an emergency, for the purpose
5of viewing the scene or the activities of police officers, firefighters,
6emergency medical, or other emergency personnel, or military
7personnel coping with the emergency in the course of their duties
8during the time it is necessary for emergency vehicles or those
9personnel to be at the scene of the emergency or to be moving to
10or from the scene of the emergency for the purpose of protecting
11lives or property, unless it is part of the duties of that person’s
12employment to view that scene orbegin insert thoseend insert activities, and thereby
13impedes police officers, firefighters, emergency medical, or other
14emergency personnel or military personnel, in the performance of
15their duties in coping with the emergency, is guilty of a
16misdemeanor.begin delete For purposes of this subdivision, a person shall
17include a person who operates or uses an unmanned aerial vehicle,
18remote piloted aircraft, or drone.end delete

begin insert

19
(2) For purposes of this subdivision, a person shall include a
20person, regardless of his or her location, who operates or uses an
21unmanned aerial vehicle, remote piloted aircraft, or drone that is
22at the scene of an emergency.

end insert

23(b) Every person who knowingly resists or interferes with the
24lawful efforts of a lifeguard in the discharge or attempted discharge
25of an official duty in an emergency situation, when the person
26knows or reasonably should know that the lifeguard is engaged in
27the performance of his or her official duty, is guilty of a
28misdemeanor.

29(c) For the purposes of this section, an emergency includes a
30condition or situation involving injury to persons, damage to
P3    1property, or peril to the safety of persons or property, which results
2from a fire, an explosion, an airplane crash, flooding, windstorm
3 damage, a railroad accident, a traffic accident, abegin delete power plantend delete
4begin insert powerplantend insert accident, a toxic chemical or biological spill, or any
5other natural or human-caused event.

6

SEC. 2.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



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