BILL ANALYSIS Ó
AB 1680
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Date of Hearing: March 15, 2016
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1680 (Rodriguez) - As Introduced January 19, 2016
SUMMARY: Makes it a misdemeanor to use a drone to impede
specified emergency personnel in the performance of their duties
while coping with an emergency. Specifically, this bill:
1)Amends existing statute which makes it a misdemeanor for a
person to go to, or stop at, the scene of an emergency and
impedes police officers, firefighters, emergency medical, or
other emergency personnel, or military personnel in the
performance of their emergency duties.
2)Specifies that a person shall include a person who operates or
uses an unmanned aerial vehicle, remote piloted aircraft, or
drone.
EXISTING LAW:
1)States 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
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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 or 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. (Pen. Code, § 402, subd. (a).)
2)Provides that every person who knowingly resists or interferes
with the lawful efforts of a lifeguard in the discharge or
attempted discharge of an official duty in an emergency
situation, when the person knows or reasonably should know
that the lifeguard is engaged in the performance of his or her
official duty, is guilty of a misdemeanor. (Pen. Code, § 402,
subd. (b).)
3)Specifies that "emergency" includes a condition or situation
involving injury to persons, damage to property, or peril to
the safety of persons or property, which results from a fire,
an explosion, an airplane crash, flooding, windstorm damage, a
railroad accident, a traffic accident, a power plant accident,
a toxic chemical or biological spill, or any other natural or
human-caused event. (Pen. Code, § 402, subd. (c).)
4)States that every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency
medical technician, as specified, in the discharge or attempt
to discharge any duty of his or her office or employment, is
guilty of a misdemeanor. (Pen. Code, § 148, subd. (a).)
5)Specifies that the fact that a person takes a photograph or
makes an audio or video recording of a public officer or peace
officer, while the officer is in a public place or the person
taking the photograph or making the recording is in a place he
or she has the right to be, does not constitute, in and of
itself, a violation of resisting, delaying or obstructing an
officer, nor does it constitute reasonable suspicion to detain
the person or probable cause to arrest the person. (Pen. Code,
§ 148, subd. (g).)
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6)States that every person who willfully commits any of the
following acts at the burning of a building or at any other
time and place where any fireman or firemen or emergency
rescue personnel are discharging or attempting to discharge an
official duty, is guilty of a misdemeanor:
a) Resists or interferes with the lawful efforts of any
fireman or firemen or emergency rescue personnel in the
discharge or attempt to discharge an official duty; (Pen.
Code, § 148.2, subd. (a).)
b) Disobeys the lawful orders of any fireman or public
officer; (Pen. Code, § 148.2, subd. (b).)
c) Engages in any disorderly conduct which delays or
prevents a fire from being timely extinguished; or (Pen.
Code, § 148.2, subd. (c).)
d) Forbids or prevents others from assisting in
extinguishing a fire or exhorts another person, as to whom
he has no legal right or obligation to protect or control,
from assisting in extinguishing a fire. (Pen. Code, §
148.2, subd. (d).)
7)Specifies that as used in specified code sections, "fireman"
or "firefighter" includes "any person who is an officer,
employee or member of a fire department or fire protection or
firefighting agency of the federal government, the State of
California, a city, county, city and county, district, or
other public or municipal corporation or political subdivision
of this state, whether this person is a volunteer or partly
paid or fully paid."
8)Specifies that, "emergency rescue personnel" means "any person
who is an officer, employee or member of a fire department or
fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and
county, district, or other public or municipal corporation or
political subdivision of this state, whether this person is a
volunteer or partly paid or fully paid, while he or she is
actually engaged in the on-the-site rescue of persons or
property during an emergency" as specified.
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9)"Emergency Medical Technician-I" or "EMT-I" means an
individual trained in all facets of basic life support
according to standards prescribed by this part and who has a
valid certificate issued pursuant to this part." This
definition shall include, but not be limited to, EMT-I (FS)
and EMT-I-A. (Health & Saf., § 1797.80.)
10)"Emergency Medical Technician-II", "EMT-II," "Advanced
Emergency Medical Technician," or "Advanced EMT" means "an
EMT-I with additional training in limited advanced life
support according to standards prescribed by this part and who
has a valid certificate issued pursuant to this part."
(Health & Saf., § 1797.82.)
11)"Emergency Medical Technician-Paramedic," "EMT-P,"
"paramedic" or "mobile intensive care paramedic" means "an
individual whose scope of practice to provide advanced life
support is according to standards prescribed by this division
and who has a valid certificate issued pursuant to this
division." (Health & Saf., § 1797.82.)
12)Any person who hinders, delays, or obstructs any portion of
the militia parading or performing any military duty, or who
attempts so to do, is guilty of a misdemeanor. (Military &
Vet. Code, § 396.)
13)Specifies that the militia of the State shall consist of the
National Guard, State Military Reserve and the Naval Militia.
(Military & Vet. Code, § 120.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Recently in
California a pilot flying a helicopter with seven firefighters
on board who were battling a blaze threatening nearby homes,
saw a four-rotor drone only 10 feet from his windshield. This
forced him to make a hard left to avoid a collision about 500
feet above ground. In another incident, the sighting of five
drones in the area of a wildfire that closed Interstate 15 in
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Southern California and destroyed numerous vehicles, grounded
air tanker crews for 20 minutes as flames spread.
The unregulated and irresponsible use of drones is placing
Californians, our firefighters and emergency response
personnel in increasing danger.
"The existing Penal Code section dealing with interfering with
police, fire and EMTs does not specifically state that the
crime can be committed by using a drone. By clarifying
existing law, police, fire and EMTs will be able to tell drone
operators that the use of an unmanned aircraft that interferes
with their official activities is a crime and that they must
discontinue their use or face being charged.
"Unmanned aircraft or the use of a drone is an emerging
industry and technology that is rapidly gaining in popularity.
The sheer numbers of drones is creating problems and concerns
about how and where they should be used and it is only now
that they are being regulated by the FAA. AB 1680 recognizes
the fact that drones will need additional federal and state
regulation but takes a common sense intermediate approach to
doing so."
2)Unmanned Aerial Vehicles or Drones: The Federal Aviation
Administration (FAA), uses the term "unmanned aircraft
systems" to refer to vehicles commonly known as drones.
Regarding the types of aircraft that may be considered
unmanned aircraft systems, the FAA's fact sheet notes:
Unmanned Aircraft Systems (UAS) come in a variety of shapes and
sizes and serve diverse purposes. They may have a wingspan as
large as a jet airliner or smaller than a radio-controlled
model airplane. Regardless of size, the responsibility to fly
safely applies equally to manned and unmanned aircraft
operations.
Because they are inherently different from manned aircraft,
introducing UAS into the nation's airspace is challenging for
both the FAA and aviation community. UAS must be integrated
into a National Airspace System (NAS) that is evolving from
ground-based navigation aids to a GPS-based system in NextGen.
Safe integration of UAS involves gaining a better
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understanding of operational issues, such as training
requirements, operational specifications and technology
considerations.
( https://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=182
97 )
Although not always thought of when the word "drone" is used,
hobby-size airplanes and helicopters that are equipped with
digital cameras are becoming more and more affordable for the
average consumer. This hobby aircraft may be used for pure
novelty, surveying one's yard, or even checking to see the
condition of a roof.
3)FAA Policy on Drones: If a drone meets the definition of
"model aircraft," and operates within specified parameters,
the operator does not need specific authorization from the FAA
to fly it. Under FAA regulations a 'Model aircraft'' is (1)
capable of sustained flight in the atmosphere; (2) flown
within visual line of sight of the person operating the
aircraft; and (3) flown for hobby or recreational purposes.
(Section 336 of Public Law 112-95 (the FAA Modernization and
Reform Act of 2012).)
The FAA has the authority under its existing regulations to
pursue legal enforcement action against persons operating
model aircraft when the operations endanger the safety of the
National Airspace System, even if they are operating in
accordance with UAS regulations. So, for example, a Model
aircraft operation conducted, as specified, may be subject to
an enforcement action for a violation if the operation is
conducted in a careless or reckless manner so as to endanger
the life or property of another.
( https://www.faa.gov/uas/regulations_policies/media/FAA_UAS-PO_
LEA_Guidance.pdf )
Drone operations that are not model aircraft operations may only
be operated with specific authorization from the FAA. It is
important to understand that all UAS operations that are not
operated as model aircraft are subject to current and future
FAA regulation. At a minimum, any such flights are currently
required under the FAA's regulations to be operated with an
authorized aircraft (certificated or exempted), with a valid
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registration number ("N-number"), with a certificated pilot,
and with specific FAA authorization (Certificate of Waiver or
Authorization). Regardless of the type of UAS operation, the
FAA's statutes and the Federal Aviation Regulations prohibit
any conduct that endangers individuals and property on the
surface, other aircraft, or otherwise endangers the safe
operation of other aircraft in the National Airspace System.
( https://www.faa.gov/uas/regulations_policies/media/FAA_UAS-PO_
LEA_Guidance.pdf )
4)Governor's Veto Message on SB 271 (Gaines) and SB 170 (Gaines)
Drone Bills: SB 168 (Gaines), of the 2015-2016 Legislative
Session was vetoed by the Governor, and would have made it a
misdemeanor operate a UAS, in a manner that prevents or delays
the extinguishment of a fire, or in any way interferes with
the efforts of firefighters to control, contain, or extinguish
a fire.
SB 271 (Gaines), Legislative Session of 2015-2016 was vetoed by
Governor, and would have made it an infraction to knowingly
and intentionally operate an unmanned aircraft system on the
grounds of, or less than 350 feet above ground level within
the airspace overlaying, a public school providing instruction
in kindergarten or grades 1 to 12, inclusive, during school
hours and without the written permission of the school
principal or higher authority, or his or her designee, or
equivalent school authority.
SB 170 (Gaines), Legislative Session of 2015-2016 was vetoed by
the Governor, and would have created a felony crime for the
use of a UAS to deliver contraband into a prison or county
jail and creates a misdemeanor crime for the use of UAS over a
prison or capture images of a prison. SB 170 passed the
Senate on a 40-0 vote and will be heard in the Assembly
Privacy and Consumer Protection Committee on July 7, 2015.
The Governor vetoed those bills and issued this statement
applying to all three bills:
"Each of these bills creates a new crime - usually by
finding a novel way to characterize and criminalize conduct
that is already proscribed. This multiplication and
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particularization of criminal behavior creates increasing
complexity without commensurate benefit.
"Over the last several decades, California's criminal code
has grown to more than 5,000 separate provisions, covering
almost every conceivable form of human misbehavior. During
the same period, our jail and prison populations have
exploded.
"Before we keep going down this road, I think we should
pause and reflect on how our system of criminal justice
could be made more human, more just and more
cost-effective."
5)Existing Law Already Criminalizes Obstructing or Delaying
Firemen, Emergency Rescue Personnel, Emergency Medical
Technicians, Police Officers, Peace Officers, Public Officers,
and National Guard Members Discharging Their Duties: The
Penal Code specifies that it is a misdemeanor to obstruct,
delay, or resist specified positions who are engaged in the
discharged of their duties. The list includes firemen,
emergency rescue personnel, emergency medical technicians,
police officers, peace officers, and public officers in
positions for which it is a crime to interfere with discharge
of their duties. In addition, a Military & Vet. Code section
makes it a misdemeanor for a person to delay or obstructs
National Guard or California State Military Reserve from
performing any military duty.
The language prohibiting "obstructing or delaying" prohibit such
behavior regardless of the particular manifestation. Because
of the general prohibition on obstructing or delaying, there
is not a need to list specific ways (such as use of a drone)
that a person can "obstruct, delay, or resist."
The Author mentions two situations in which a drone affected
firefighting efforts. One involved firefighters in a
helicopter and another incident resulted in the grounding of
air tankers fighting a wildfire. Both of those incidents
could have been charged under Penal Code section 148.2, which
prohibits obstructing, delaying, or resisting a fireman, to
the extent that the conduct of the drone operator obstructed
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or delayed the firemen in the performance of their duties.
6)Penal Code Section 402 Does Not Necessarily Criminalize Use of
a Drone to Impede Personnel Coping with an Emergency: Penal
Code section 402 prohibits conduct that impedes specified
personnel responding to an emergency. Arguably a person could
not be prosecuted under Penal Code section 402 when using a
drone from a remote location, because the section only
prohibits conduct that impedes specified individuals
performing their duties in coping with an emergency when the
"person goes to the scene of an emergency, or stops at the
scene of an emergency, . . ."
Given the requirement that the person goes to the scene of the
emergency, or stops at the scene of the emergency, a person
impeding an emergency response by operating a drone when the
drone operator was at a remote location, does not fit within
the scope of Penal Code section 402.
To the extent that a District Attorney's Office felt that
criminal charges were warranted, the delay or obstruction of
personnel at the scene of an emergency with a drone could
currently be prosecuted under the codes mentioned above which
criminalize delaying or obstructing specified personnel
whether or not they are at the scene of an emergency.
If it is important to ensure that Penal Code section 402
addresses the use of drones, it is appropriate to add language
to that section. The language of this bill would need to be
narrowed or modified to ensure that it addresses the use of a
drone at an accident scene from a remote location. The
language of this bill does not modify the requirement that the
person must go to, or stop at the scene of the emergency, to
violate the statute. The current language referring to drones
does not necessarily reach individuals that impede an
emergency from a location that is remote from the emergency
scene.
7)Argument in Support: According to Los Angeles Professional
Peace Officers Association, "Existing law provides that it is
a misdemeanor to impede the duties of law enforcement
officers, firefighters or emergency personnel; but current law
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is silent regarding the interference of law enforcement
activity with a "drone" or "unmanned aerial vehicle." Over
the past few years, the popularity of drones has resulted in
an increase of these devices in the sky; often times at
accident sites, forest fires, crowded public events and other
locations that have proven problematic for law enforcement and
emergency response. There have been examples where public
safety crews have had to avoid drones in mid-air responses and
divert action plans to alternative sites to prevent
endangering public safety officers and the public.
"AB 1680 would address this currently unregulated activity and
would clarify that these problematic incidents will be
classified as misdemeanors; mirroring existing penalties for
interfering with law enforcement in any other manner. This
appropriate action will likely result in a reduction of these
dangerous, unnecessary encounters between drones and law
enforcement officers responding to a crisis."
8)Prior Legislation:
a) SB 168 (Gaines), of the 2015-2016 Legislative Session,
would have made it a misdemeanor operate a UAS, in a manner
that prevents or delays the extinguishment of a fire, or in
any way interferes with the efforts of firefighters to
control, contain, or extinguish a fire. SB 168 was vetoed
by the Governor.
b) SB 271 (Gaines), of the 2015-2016 Legislative Session,
would have made it an infraction to knowingly and
intentionally operate an UAS on the grounds of, or less
than 350 feet above ground level within the airspace
overlaying, a public school providing instruction in
kindergarten or grades 1 to 12, inclusive, during school
hours and without the written permission of the school
principal or higher authority, or his or her designee, or
equivalent school authority. SB 271 was vetoed by
Governor.
c) SB 170 (Gaines), of the 2015-2016 Legislative Session,
would have created a felony crime for the use of a UAS to
deliver contraband into a prison or county jail and creates
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a misdemeanor crime for the use of UAS over a prison or
capture images of a prison. SB 170 passed the Senate on a
40-0 vote and will be heard in the Assembly Privacy and
Consumer Protection Committee on July 7, 2015. SB 170 was
vetoed by the Governor.
d) SB 411 (Lara), Chapter 177, Statutes of 2015, specifies
the fact that a person takes a photograph or makes an audio
or video recording of law enforcement officer, while the
officer is in a public place or the person taking the
photograph or making the recording is in a place he or she
has the right to be, is not, in and of itself, a violation
of willfully resisting, delaying, or obstructing an
officer.
REGISTERED SUPPORT / OPPOSITION:
Support
California Fire Chiefs Association
California State Sheriffs' Association
DJI Technology
Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Los Angeles County Professional Peace Officers Association
Riverside Sheriffs Association
Opposition
None
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744
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