Amended in Assembly May 19, 2016

Amended in Assembly April 11, 2016

Amended in Assembly March 8, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1820

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 amended, 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 begin delete provided end delete begin insert authorized end insert by the begin delete bill’s provisions. end delete begin insert provisions of this bill. end insert 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, obtain an unmanned aircraft system from another public agency by contract, loan, or other arrangement, or permit another law enforcement agency to use an unmanned aircraft system within the agency’s begin delete jurisdiction end delete begin insert jurisdiction, end insert 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 begin delete and makes available to the public end delete a policy on the use of begin delete an end delete begin insert the end insert unmanned aircraft begin delete system, end delete begin insert system that meets specified requirements, end insert as provided, and that the law enforcement agency complies with all applicable federal, state, and local law and the begin delete unmanned aircraft system policy developed by the law enforcement agency pursuant to the bill’s end delete begin insert policy adopted pursuant to these end insert provisions. The bill would prohibit a law enforcement agency from using an unmanned aircraft system to surveil private begin delete property unless, among other justifications, end delete begin insert property, unless end insert the law enforcement agency obtains a search begin delete warrant. end delete begin insert warrant or express permission to search the property, as specified, or an exigent circumstance exists. end insert

The bill would require begin insert any end insert 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 begin delete 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, end delete begin insert entity end insert from equipping or arming an unmanned aircraft system with a weapon or other begin delete 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. end delete begin insert device, as specified. end insert 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, obtain an unmanned aircraft system from another agency
by contract, loan, or other arrangement, or permit another law
enforcement agency to use an unmanned aircraft system within
the agency’s jurisdiction 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 either of the following applies:

(1) An exigent circumstance exists.

(2) The law enforcement agency has entered into a written,
public agreement with the appropriate law enforcement agency in
the other county, city, or city and county, and that other law
enforcement agency complies with paragraph begin delete (5) end delete begin insert (6) end insert of subdivision
(d).

(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.

begin delete

(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)

end delete

begin insert (3) end insert  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.

begin insert

(4) The finalized policy developed pursuant to this subdivision
shall be predominantly posted on the law enforcement agency’s
public Internet Web site.

end insert begin insert

(5) The law enforcement agency shall maintain an Internet Web
site page for public input to address civilians’ concerns and
recommendations.

end insert begin delete

(5)

end delete

begin insert (6) end insert  If a law enforcement agency elects to permit another law
enforcement agency to use an unmanned aircraft system within
the agency’s jurisdiction by means of an agreement entered into
pursuant to subdivision (c), the agency shall post a copy of the
agreement on its Internet Web site. begin insert The agreement, at a minimum,
shall specify that the policies developed by the law enforcement
agency that owns the unmanned aircraft system will be complied
with by that law enforcement agency in the jurisdiction in which
the unmanned aircraft system is used. end insert

(e) 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 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.  

A law enforcement agency that uses an unmanned
aircraft system or obtains an unmanned aircraft system from
another public agency by contract, loan, or other arrangement shall
make a good faith effort to operate the system 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.