BILL ANALYSIS Ó
AB 1680
Page 1
Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1680 (Rodriguez) - As Introduced January 19, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill, for purposes of existing law which makes it a
misdemeanor for a person to go to, or stop at, the scene of an
emergency and impede police officers, firefighters, emergency
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medical, or other emergency personnel, or military personnel in
the performance of their emergency duties, specifies a person
includes a person who operates or uses an unmanned aerial
vehicle, remote piloted aircraft, or drone.
FISCAL EFFECT:
Minor nonreimbursable costs to cities and counties for
enforcement, offset to some extent by fine revenues.
COMMENTS:
1)Background. Under current law, a person who goes to the scene
of an emergency, as defined, 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,
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.
The Federal Aviation Administration (FAA) uses the term
"unmanned aircraft systems" (UAS) to refer to vehicles
commonly known as drones. UAS come in a variety of shapes and
sizes and serve diverse purposes. 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.
If a drone meets the definition of "model aircraft," and
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operates within specified parameters, the operator does not
need specific authorization from the FAA to fly it.
2)Purpose. 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
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."
3)Support. According to Los Angeles Professional Peace Officers
Association, " 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
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appropriate action will likely result in a reduction of these
dangerous, unnecessary encounters between drones and law
enforcement officers responding to a crisis."
4)Prior Legislation. The following three bills, of the current
legislative session, were vetoed by Governor Brown who
expressed concern over the creation of new crimes:
a) SB 168 (Gaines) 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.
b) SB 271 (Gaines) 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.
c) SB 170 (Gaines) 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.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081
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