BILL NUMBER: AB 1820	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 8, 2016

   An act to add Title 14 (commencing with Section 14350) to Part 4
of the Penal Code, relating to unmanned aircraft systems.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1820, as introduced, Quirk. Unmanned aircraft systems.
   Existing federal law, the Federal Aviation Administration
Modernization and Reform Act of 2012, provides for the integration of
civil and public unmanned aircraft systems, commonly known as
drones, into the national airspace system.
   This bill would generally prohibit a law enforcement agency from
using an unmanned aircraft system, obtaining an unmanned aircraft
system from another public agency by contract, loan, or other
arrangement, or using information obtained from an unmanned aircraft
system used by another public agency, except as provided by the bill'
s provisions. The bill would make its provisions applicable to all
law enforcement agencies and private entities when contracting with
or acting as the agent of a law enforcement agency for the use of an
unmanned aircraft system. The bill would authorize a law enforcement
agency to use an unmanned aircraft system if the law enforcement
agency complies with specified requirements, including, among others,
that before the use of an unmanned aircraft system, the law
enforcement agency develops and makes available to the public a
policy on the use of an unmanned aircraft system, as provided, and
that the law enforcement agency complies with all applicable federal,
state, and local law and the unmanned aircraft system policy
developed by the law enforcement agency pursuant to the bill's
provisions. The bill would prohibit a law enforcement agency from
using an unmanned aircraft system to surveil private property unless,
among other justifications, the law enforcement agency obtains a
search warrant.
   The bill would require images, footage, or data obtained through
the use of an unmanned aircraft system under these provisions to be
permanently destroyed within one year, except as specified. Unless
authorized by federal law, the bill would prohibit a person or
entity, including a public agency subject to these provisions, or a
person or entity under contract to a public agency, for the purpose
of that contract, from equipping or arming 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 the destruction of, real or personal property. By creating a
new crime, the bill would impose a state-mandated local program. The
bill would also provide that specified surveillance restrictions on
electronic devices apply to the use or operation of an unmanned
aircraft system by a law enforcement agency.
   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:

  SECTION 1.  Title 14 (commencing with Section 14350) is added to
Part 4 of the Penal Code, to read:

      TITLE 14.  UNMANNED AIRCRAFT SYSTEMS


   14350.  (a) A law enforcement agency shall not use an unmanned
aircraft system, obtain an unmanned aircraft system from another
public agency by contract, loan, or other arrangement, or use
information obtained from an unmanned aircraft system used by another
public agency, except as provided in this title. This title shall
apply to all law enforcement agencies and private entities when
contracting with or acting as the agent of a law enforcement agency
for the use of an unmanned aircraft system.
   (b) A law enforcement agency may use an unmanned aircraft system,
or use information obtained from an unmanned aircraft system used by
another public agency, if the law enforcement agency complies with
the requirements of this title and all applicable federal, state, and
local law.
   (c) If the use of an unmanned aircraft system by a local law
enforcement agency may involve the collection of images, footage, or
data from another county, city, or city and county, the law
enforcement agency shall obtain a warrant based on probable cause,
unless an exigent circumstance exists.
   (d) (1) If a law enforcement agency elects to use an unmanned
aircraft system, the law enforcement agency shall first develop and
make available to the public a policy on its use of the unmanned
aircraft system, and train the law enforcement agency's officers and
employees on the policy, before the use of the unmanned aircraft
system.
   (2) A law enforcement agency shall use the unmanned aircraft
system consistent with the policy developed pursuant to this
subdivision.
   (3) Before finalizing the policy required by this subdivision, the
law enforcement agency shall present the proposed policy at a
regularly scheduled and noticed public meeting of its governing body
with an opportunity for public comment.
   (4) The policy required by this subdivision shall specify, at a
minimum, all of the following:
   (A) The circumstances under which an unmanned aircraft system may
or may not be used.
   (B) The rules and processes required before the use of an unmanned
aircraft system.
   (C) The individuals who may access or use an unmanned aircraft
system or the information collected by an unmanned aircraft system
and the circumstances under which those individuals may do so.
   (D) The safeguards to protect against unauthorized use or access.
   (E) The training required for any individual authorized to use or
access information collected by an unmanned aircraft system.
   (F) The guidelines for sharing images, footage, or data with other
law enforcement agencies and public agencies.
   (G) The manner in which information obtained from another public
agency's use of an unmanned aircraft system will be used.
   (H) Mechanisms to ensure that the policy required by this
subdivision is adhered to.
   (e) A law enforcement agency shall not use an unmanned aircraft
system, or information obtained from an unmanned aircraft system used
by another public agency, to surveil private property unless the law
enforcement agency has obtained either of the following:
   (1) A search warrant based on probable cause.
   (2) The express permission of the person or entity with the legal
authority to authorize a search of the specific private property to
be subjected to surveillance.
   (f) Notwithstanding subdivision (e), a law enforcement agency may
use an unmanned aircraft system to surveil private property if an
exigent circumstance exists, including, but not limited to, either of
the following circumstances:
   (1) 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.
   (2) To determine the appropriate response to an imminent or
existing environmental emergency or disaster, including, but not
limited to, oil spills or chemical spills.
   14351.  (a) Images, footage, or data obtained through the 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 both of the following circumstances:
   (1) For training purposes. Images, footage, or data retained for
training purposes shall be used only 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.
   (2) 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.
   (b) Notwithstanding subdivision (a), a law enforcement agency may
retain beyond one year images, footage, or data obtained through the
use of an unmanned aircraft system in both of the following
circumstances:
   (1) If a search warrant authorized the collection of the images,
footage, or data.
   (2) If the images, footage, or data are evidence in any claim
filed or any pending litigation, internal disciplinary proceeding,
enforcement proceeding, or criminal investigation.
   14352.  Unless authorized by federal law, a person or entity,
including a law enforcement agency subject to Section 14350 or a
person or entity under contract to a law enforcement agency, for the
purpose of that contract, 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 the destruction of, real or personal property.
   14353.  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 purposes unrelated to the justification for the
operation.
   14354.  (a) This title is not intended to conflict with or
supersede federal law, including rules and regulations of the Federal
Aviation Administration.
   (b) A local legislative body may adopt more restrictive policies
on the acquisition, use, or retention of unmanned aircraft systems by
a law enforcement agency.
   14355.  Except as provided in this title, the surveillance
restrictions on electronic devices described in Chapter 1.5
(commencing with Section 630) of Title 15 of Part 1 shall apply to
the use or operation of an unmanned aircraft system by a law
enforcement agency.
   14356.  For the purposes of this title, the following definitions
shall apply:
   (a) "Criminal intelligence" means information compiled, analyzed,
or disseminated in an effort to anticipate, prevent, monitor, or
investigate criminal activity.
   (b) "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 to investigate or
prosecute law violators and that employs peace officers.
   (c) "Surveil" means the purposeful observation of a person or
private property with the intent of gathering criminal intelligence.
   (d)  "Unmanned aircraft system" means 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.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.