BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                    AB 1680


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          ASSEMBLY THIRD READING


          AB  
          1680 (Rodriguez)


          As Introduced  January 19, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |HernŠndez, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 









                                                                    AB 1680


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          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  
            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. 


          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  








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            official duty, is guilty of a misdemeanor. 


          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. 


          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. 


          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. 


          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; 








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             b)   Disobeys the lawful orders of any fireman or public  
               officer; 


             c)   Engages in any disorderly conduct which delays or  
               prevents a fire from being timely extinguished; or 


             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. 


          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.


          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. 








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          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."  


          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." 


          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. 


          13)Specifies that the militia of the State shall consist of the  
            National Guard, State Military Reserve and the Naval Militia. 


          FISCAL  
          EFFECT:  According to the Assembly Appropriations Committee,  
          minor non-reimbursable costs to cities and counties for  
          enforcement, offset to some extent by fine revenues.


          COMMENTS:  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  








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          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."




          Analysis Prepared by:                                             
                          David Billingsley/ PUB. S. / (916) 319-3744  FN:  
          0002764















                                                                    AB 1680


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