AB 2320,
as amended, Calderon. Unmanned aircraftbegin delete systems: regulation.end deletebegin insert systems.end insert
(1) 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.
end insertbegin insertExisting state law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence, elder and dependent adult abuse, workplace violence, and civil harassment. Under existing law, an intentional and knowing violation of those types of protective orders is a misdemeanor. If the violation results in physical injury, or occurs within specified time periods of a previous violation, existing law imposes additional penalties. Existing law also makes the crime of stalking another person, as defined, punishable as a misdemeanor or felony. Existing law makes it a felony to commit that offense when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior.
end insertbegin insertThis bill would specifically prohibit a person who is prohibited from coming within a specified distance of another person, from operating an unmanned aircraft system in a way that causes an unmanned aircraft, as those terms are defined, to fly within the prohibited distance of the other person or from capturing images of the other person by using an unmanned aircraft system. By creating a new crime, the bill would impose a state-mandated local program.
end insertbegin insert(2) Existing law requires a person who has been convicted of specified sex offenses to register with local law enforcement authorities as a sex offender.
end insertbegin insertThis bill would prohibit a person required to register pursuant to those provisions for an offense committed on or after January 1, 2017, from operating an unmanned aircraft system. Because a violation of that provision would be a crime, the bill would impose a state-mandated local program.
end insertbegin insert(3) Existing law provides 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.
end insertbegin insertThis bill would include, for purposes of these provisions, the operation or use of an unmanned aircraft system in the definition of a person. By expanding the scope of a crime, this bill would impose a state-mandated local program.
end insertbegin insert(4) Existing law makes a person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, guilty of the crime of stalking, punishable as a misdemeanor or a felony.
end insertbegin insertThis bill would specifically include, for purposes of these provisions, the operation or use of an unmanned aircraft system in the definition of a person.
end insertbegin insert(5) Existing law makes a person who knowingly brings into certain correctional facilities or certain other places where prisoners or inmates of those facilities are located, any alcoholic beverage, any drugs, other than controlled substances, in any manner, shape, form, dispenser, or container, or any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming any drug other than controlled substances, without having authority so to do by the rules of the correctional facility, guilty of a felony.
end insertbegin insertThis bill would specifically include, for purposes of these provisions, the operation or use of an unmanned aircraft system in the definition of a person.
end insertbegin insert(6) The bill would make related legislative findings and declarations and would include a statement of legislative intent.
end insertbegin insert(7) 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting 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.
end deleteThis bill would state the intent of the Legislature to enact legislation that will regulate unmanned aircraft systems.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insert(a)end insertbegin insert end insertbegin insertThe Legislature finds and declares all of the
2following:end insert
3(1) The Federal Aviation Act of 1958 established the Federal
4Aviation Administration (FAA) and made the FAA responsible for
5the control and use of navigable airspace within the United States.
6(2) The FAA regulates unmanned aircraft systems, also known
7as drones.
P4 1(3) Public entities, including law enforcement agencies,
2firefighter units, border and port patrols, disaster relief workers,
3search and rescue personnel, qualifying public universities,
4military training facilities, and other government operational
5mission units, may operate unmanned aircraft systems by applying
6for a Certificate of Waiver or Authorization from the FAA.
7(4) The FAA is in the process of developing rules that are
8intended to safely integrate small unmanned aircraft systems into
9the national airspace system and that, following issuance of a
10Notice of Proposed Rulemaking
and public comment period, are
11expected to be released in 2016 or 2017.
12(5) The small unmanned aircraft system rules are anticipated
13to be similar to the current hobbyist rules for operations of model
14unmanned aircraft systems that limit the area of operation to
15low-risk and controlled environments and the size of the system
16to less than 55 pounds.
17(6) While the FAA is developing the small unmanned aircraft
18system rules, private commercial entities on a
19company-by-company basis may apply to the FAA for a Section
20333 exemption from the current rules for manned aircraft by
21showing that the entity operates with at least an equivalent level
22of safety. The FAA has granted
over 1,900 Section 333 exemptions
23to date for the commercial operation of unmanned aircraft systems
24in the photography, film, utilities, energy, infrastructure, real
25estate, agricultural, and construction industries.
26(7) In addition to being used in military training and operations
27and public safety areas, unmanned aircraft systems may be used
28in a wide variety of activities, including oil and natural gas pipeline
29inspection, transportation, natural disaster aid, search and rescue,
30precision agriculture, natural resource and environmental
31protection, bridge and infrastructure inspection, public utility
32support, construction and building inspection, surveying, golf
33course marketing, wind turbine inspection, realtor marketing
34photography, and prison monitoring.
35(8) While the public has expressed concerns with the operation
36of unmanned aircraft systems, including privacy and safety issues,
37there are benefits that may be realized by the state, including the
38state’s various industry sectors, from conducting research on
39unmanned aircraft systems in the state and developing,
P5 1manufacturing, and operating unmanned aircraft systems in the
2state.
3(9) The FAA has warned that a “patchwork quilt” of inconsistent
4regulation raises substantial safety concerns, impedes innovation,
5and makes it virtually impossible for end-users to understand the
6rules for operating unmanned aircraft systems.
7(b) (1) It is the intent of the Legislature that a person be
8prohibited from, without the owner or business operator’s written
9consent, operating or using an unmanned aircraft system to
10knowingly and intentionally fly within 250 feet of the perimeter of
11any critical infrastructure facility for the purpose of conducting
12surveillance of the facility, gathering evidence or collecting
13information about the facility, or photographically or electronically
14recording critical infrastructure data.
15(2) For purposes of this subdivision, “critical infrastructure
16facility” means an airport, an electrical power generation system,
17a petroleum refinery, a manufacturing facility that utilizes any
18combustible chemicals either in storage or in the process of
19manufacturing, a chemical or rubber manufacturing facility, or a
20
petroleum or chemical storage facility.
begin insertSection 273.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) Any intentional and knowing violation of a
23protective order, as defined in Section 6218 of the Family Code,
24or of an order issued pursuant to Section 527.6, 527.8, or 527.85
25of the Code of Civil Procedure, or Section 15657.03 of the Welfare
26and Institutions Code, is a misdemeanor punishable by a fine of
27not more than one thousand dollars ($1,000), or by imprisonment
28in a county jail for not more than one year, or by both that fine and
29imprisonment.
30(b) begin deleteIn the event of a end deletebegin insertA end insertviolation of subdivision (a) that results
31in physical injury,begin delete the personend delete
shall be punished by a fine of not
32more than two thousand dollars ($2,000), or by imprisonment in
33a county jail for not less than 30 days nor more than one year, or
34by both that fine and imprisonment. However, if the person is
35imprisoned in a county jail for at least 48 hours, the court may, in
36the interest of justice and for reasons stated on the record, reduce
37or eliminate the 30-day minimum imprisonment required by this
38subdivision. In determining whether to reduce or eliminate the
39minimum imprisonment pursuant to this subdivision, the court
40shall consider the seriousness of the facts before the court, whether
P6 1there are additional allegations of a violation of the order during
2the pendency of the case before the court, the probability of future
3violations, the safety of the victim, and whether the defendant has
4successfully completed or is making progress with counseling.
5(c) Subdivisions (a) and (b) shall apply to the
following court
6orders:
7(1) Any order issued pursuant to Section 6320 or 6389 of the
8Family Code.
9(2) An order excluding one party from the family dwelling or
10from the dwelling of the other.
11(3) An order enjoining a party from specified behavior that the
12court determined was necessary to effectuate the order described
13in subdivision (a).
14(4) Any order issued by another state that is recognized under
15Part 5 (commencing with Section 6400) of Division 10 of the
16Family Code.
17(d) A subsequent conviction for a violation of an order described
18in subdivision (a), occurring within seven years of a prior
19conviction for a violation of an order described in subdivision (a)
20and involving an act of
violence or “a credible threat” of violence,
21as defined in subdivision (c) of Section 139, is punishable by
22imprisonment in a county jail not to exceed one year, or pursuant
23to subdivision (h) of Section 1170.
24(e) begin deleteIn the event of a end deletebegin insertA end insertsubsequent conviction for a violation of
25an order described in subdivision (a) for an act occurring within
26one year of a prior conviction for a violation of an order described
27in subdivision (a) that results in physical injury to a victim,begin delete the shall be punished by a fine of not more than two thousand
28personend delete
29dollars ($2,000), or by imprisonment in a county jail for not less
30than six months nor more than one year, by both that fine and
31
imprisonment, or by imprisonment pursuant to subdivision (h) of
32Section 1170. However, if the person is imprisoned in a county
33jail for at least 30 days, the court may, in the interest of justice and
34for reasons stated in the record, reduce or eliminate the six-month
35minimum imprisonment required by this subdivision. In
36determining whether to reduce or eliminate the minimum
37imprisonment pursuant to this subdivision, the court shall consider
38the seriousness of the facts before the court, whether there are
39additional allegations of a violation of the order during the
40pendency of the case before the court, the probability of future
P7 1violations, the safety of the victim, and whether the defendant has
2successfully completed or is making progress with counseling.
3(f) The prosecuting agency of each county shall have the primary
4responsibility for the enforcement of orders described in
5subdivisions (a), (b), (d), and (e).
6(g) (1) begin deleteEvery end deletebegin insertA end insertperson who owns, possesses, purchases, or
7receives a firearm knowing he or she is prohibited from doing so
8by the provisions of a protective order as defined in Section 136.2
9of this code, Section 6218 of the Family Code, or Section 527.6,
10527.8, or 527.85 of the Code of Civil Procedure, or Section
1115657.03 of the Welfare and Institutions Code, shall be punished
12under Section 29825.
13(2) begin deleteEvery end deletebegin insertA end insertperson subject to a protective order described in
14paragraph (1) shall not be
prosecuted under this section for owning,
15possessing, purchasing, or receiving a firearm to the extent that
16firearm is granted an exemption pursuant to subdivision (f) of
17Section 527.9 of the Code of Civil Procedure, or subdivision (h)
18of Section 6389 of the Family Code.
19(h) If probation is granted upon conviction of a violation of
20subdivision (a), (b), (c), (d), or (e), the court shall impose probation
21consistent with Section 1203.097, and the conditions of probation
22may include, in lieu of a fine, one or both of the following
23requirements:
24(1) That the defendant make payments to a battered women’s
25shelter or to a shelter for abused elder persons or dependent adults,
26up to a maximum of five thousand dollars ($5,000), pursuant to
27Section 1203.097.
28(2) That the defendant reimburse the victim for reasonable costs
29of
counseling and other reasonable expenses that the court finds
30are the direct result of the defendant’s offense.
31(i) For any order to pay a fine, make payments to a battered
32women’s shelter, or pay restitution as a condition of probation
33under subdivision (e), the court shall make a determination of the
34defendant’s ability to pay.begin delete In no event shall anyend deletebegin insert Anend insert order to make
35payments to a battered women’s shelterbegin insert
shall notend insert be made if it
36would impair the ability of the defendant to pay direct restitution
37to the victim or court-ordered child support.begin delete Whereend deletebegin insert Ifend insert the injury
38to a married person is caused in whole or in part by the criminal
39acts of his or her spouse in violation of this section, the community
40property may not be used to discharge the liability of the offending
P8 1 spouse for restitution to the injured spouse, required by Section
21203.04, as operative on or before August 2, 1995, or Section
31202.4, or to a shelter for costs with regard to the injured spouse
4and dependents, required by this section, until all separate property
5of the offending spouse is exhausted.
6(j) (1) This subdivision applies to a person who is both of the
7following:
8(A) The person is subject to a protective order, as defined in
9Section 6218 of the Family Code, or a protective order issued
10pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code
11of Civil Procedure, or Section 15657.03 of the Welfare and
12Institutions Code.
13(B) The person is prohibited by the protective order described
14in subparagraph (A) from coming within a specified distance of
15another person.
16(2) A person described in paragraph (1) shall not do either of
17the following:
18(A) Operate an unmanned aircraft system in a way that causes
19an unmanned aircraft to fly within the prohibited distance of the
20other person.
21(B) Capture images of the other person by using an unmanned
22aircraft system.
23(3) A violation of paragraph (2) is a violation of the protective
24order.
25(4) For the purposes of this subdivision, the following definitions
26apply:
27(A) “Unmanned aircraft” means an aircraft that is operated
28without the possibility of direct human intervention from within
29or on the aircraft.
30(B) “Unmanned aircraft system”
means an unmanned aircraft
31and associated elements, including, but not limited to,
32communication links and the components that control the
33unmanned aircraft that are required for the pilot in command to
34operate safely and efficiently in the national airspace system.
begin insertSection 290.97 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) A person required to register pursuant to this
37chapter for an offense committed on or after January 1, 2017, shall
38not operate an unmanned aircraft system.
39(b) For purposes of this section, both of the following definitions
40apply:
P9 1(1) “Unmanned aircraft” means an aircraft that is operated
2without the possibility of direct human intervention from within
3or on the aircraft.
4(2) “Unmanned aircraft system” means an unmanned aircraft
5and associated elements, including, but not limited to,
6communication links and the components that control the
7unmanned aircraft that are required for the pilot in command to
8operate
safely and efficiently in the national airspace system.
begin insertSection 402 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) begin deleteEvery end deletebegin insert(1)end insertbegin insert end insertbegin insertA end insertperson who goes to the scene of an
11emergency, or stops at the scene of an emergency, for the purpose
12of viewing the scene or the activities of police officers, firefighters,
13emergency medical, or other emergency personnel, or military
14personnel coping with the emergency in the course of their duties
15during the time it is necessary for emergency vehicles or those
16personnel to be at the scene of the emergency or to be moving to
17or from the scene of the emergency for the purpose of protecting
18lives or property, unless it is part of the duties of that person’s
19
employment to view that scene or activities, and thereby impedes
20police officers, firefighters, emergency medical, or other emergency
21personnel or military personnel, in the performance of their duties
22in coping with the emergency, is guilty of a misdemeanor.
23(2) For purposes of this subdivision, a person includes a person
24who operates or uses an unmanned aircraft system. For purposes
25of this paragraph, both of the following definitions apply:
26(A) “Unmanned aircraft” means an aircraft that is operated
27without the possibility of direct human intervention from within
28or on the aircraft.
29(B) “Unmanned aircraft system” means an unmanned aircraft
30and associated elements, including, but not limited to,
31communication links and the components that control the
32unmanned aircraft that are required for the pilot in command to
33operate safely and efficiently in the national airspace system.
34(b) begin deleteEvery end deletebegin insertA end insertperson who knowingly resists or interferes with the
35lawful efforts of a lifeguard in the discharge or attempted discharge
36of an official duty in an emergency situation, when the person
37knows or reasonably should know that the lifeguard is engaged in
38the performance of his or her official duty, is guilty of a
39misdemeanor.
P10 1(c) For the purposes of this section, an emergency includes a
2condition or situation involving injury to persons, damage to
3property, or peril to the safety of persons or property, which results
4from a fire, an explosion, an airplane crash, flooding, windstorm
5damage, a railroad accident, a traffic accident, a power plant
6accident, a toxic chemical or biological spill, or any other natural
7or human-caused event.
begin insertSection 646.9 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) begin deleteAny end deletebegin insert(1)end insertbegin insert end insertbegin insertA end insertperson who willfully, maliciously, and
10repeatedly follows or willfully and maliciously harasses another
11person and who makes a credible threat with the intent to place
12that person in reasonable fear for his or her safety, or the safety of
13his or her immediate family is guilty of the crime of stalking,
14punishable by imprisonment in a county jail for not more than one
15year, or by a fine of not more than one thousand dollars ($1,000),
16or by both that fine and imprisonment, or by imprisonment in the
17state prison.
18(2) For purposes of this subdivision, a person includes a person
19who operates or uses an unmanned aircraft system. For purposes
20of this paragraph, both of the following definitions apply:
21(A) “Unmanned aircraft” means an aircraft that is operated
22without the possibility of direct human intervention from within
23or on the aircraft.
24(B) “Unmanned aircraft system” means an unmanned aircraft
25and associated elements, including, but not limited to,
26communication links and the components that control the
27unmanned aircraft that are required for the pilot in command to
28operate safely and efficiently in the national
airspace system.
29(b) Any person who violates subdivision (a) when there is a
30temporary restraining order, injunction, or any other court order
31in effect prohibiting the behavior described in subdivision (a)
32against the same party, shall be punished by imprisonment in the
33state prison for two, three, or four years.
34(c) (1) Every person who, after having been convicted of a
35felony under Section 273.5, 273.6, or 422, commits a violation of
36subdivision (a) shall be punished by imprisonment in a county jail
37for not more than one year, or by a fine of not more than one
38thousand dollars ($1,000), or by both that fine and imprisonment,
39or by imprisonment in the state prison for two, three, or five years.
P11 1(2) Every person who, after having been convicted of a felony
2under
subdivision (a), commits a violation of this section shall be
3punished by imprisonment in the state prison for two, three, or
4five years.
5(d) In addition to the penalties provided in this section, the
6sentencing court may order a person convicted of a felony under
7this section to register as a sex offender pursuant to Section
8290.006.
9(e) For the purposes of this section, “harasses” means engages
10in a knowing and willful course of conduct directed at a specific
11person that seriously alarms, annoys, torments, or terrorizes the
12person, and that serves no legitimate purpose.
13(f) For the purposes of this section, “course of conduct” means
14two or more acts occurring over a period of time, however short,
15evidencing a continuity of purpose. Constitutionally protected
16activity is not included within the meaning of “course of
conduct.”
17(g) For the purposes of this section, “credible threat” means a
18verbal or written threat, including that performed through the use
19of an electronic communication device, or a threat implied by a
20pattern of conduct or a combination of verbal, written, or
21electronically communicated statements and conduct, made with
22the intent to place the person that is the target of the threat in
23reasonable fear for his or her safety or the safety of his or her
24family, and made with the apparent ability to carry out the threat
25so as to cause the person who is the target of the threat to
26reasonably fear for his or her safety or the safety of his or her
27family. It is not necessary to prove that the defendant had the intent
28to actually carry out the threat. The present incarceration of a
29person making the threat shall not be a bar to prosecution under
30this section. Constitutionally protected activity is not included
31within the meaning of “credible
threat.”
32(h) For purposes of this section, the term “electronic
33communication device” includes, but is not limited to, telephones,
34cellular phones, computers, video recorders, fax machines, or
35pagers. “Electronic communication” has the same meaning as the
36term defined in Subsection 12 of Section 2510 of Title 18 of the
37United States Code.
38(i) This section shall not apply to conduct that occurs during
39labor picketing.
P12 1(j) If probation is granted, or the execution or imposition of a
2sentence is suspended, for any person convicted under this section,
3it shall be a condition of probation that the person participate in
4counseling, as designated by the court. However, the court, upon
5a showing of good cause, may find that the counseling requirement
6shall not be imposed.
7(k) (1) The sentencing court also shall consider issuing an order
8restraining the defendant from any contact with the victim, that
9may be valid for up to 10 years, as determined by the court. It is
10the intent of the Legislature that the length of any restraining order
11be based upon the seriousness of the facts before the court, the
12probability of future violations, and the safety of the victim and
13his or her immediate family.
14(2) This protective order may be issued by the court whether
15the defendant is sentenced to state prison, county jail, or if
16imposition of sentence is suspended and the defendant is placed
17on probation.
18(l) For purposes of this section, “immediate family” means any
19spouse, parent, child, any person related by consanguinity or
20affinity within the second degree, or any other person who regularly
21resides in the household, or
who, within the prior six months,
22regularly resided in the household.
23(m) The court shall consider whether the defendant would
24benefit from treatment pursuant to Section 2684. If it is determined
25to be appropriate, the court shall recommend that the Department
26of Corrections and Rehabilitation make a certification as provided
27in Section 2684. Upon the certification, the defendant shall be
28evaluated and transferred to the appropriate hospital for treatment
29pursuant to Section 2684.
begin insertSection 4573.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
begin deleteAny end deletebegin insert(a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertA end insertperson who knowingly brings into any
32state prison or other institution under the jurisdiction of the
33Department of Corrections, or into any prison camp, prison farm,
34or any other place where prisoners or inmates of these institutions
35are located under the custody of prison or institution officials,
36officers, or employees, or into any county, city and county, or city
37jail, road camp, farm or any other institution or place where
38prisoners or inmates are
being held under the custody of any sheriff,
39chief of police, peace officer, probation officer, or employees, or
40within the grounds belonging to any institution or place, any
P13 1alcoholic beverage, any drugs, other than controlled substances,
2in any manner, shape, form, dispenser, or container, or any device,
3contrivance, instrument, or paraphernalia intended to be used for
4unlawfully injecting or consuming any drug other than controlled
5substances, without having authority so to do by the rules of the
6Department of Corrections, the rules of the prison, institution,
7camp, farm, place, or jail, or by the specific authorization of the
8warden, superintendent, jailer, or other person in charge of the
9prison, jail, institution, camp, farm, or place, is guilty of a felony.
10The
end delete
11(2) For purposes of this subdivision, a person includes a person
12who operates or uses an unmanned aircraft system. For purposes
13of this paragraph, both of the following definitions apply:
14(A) “Unmanned aircraft” means an aircraft that is operated
15without the possibility of direct human intervention from within
16or on the aircraft.
17(B) “Unmanned aircraft system” means an unmanned aircraft
18and associated elements, including, but not limited to,
19communication links and the components that control the
20unmanned aircraft that are required for the pilot in command to
21operate safely and efficiently in the national airspace system.
22begin insert(b)end insertbegin insert end insertbegin insertTheend insert prohibitions and sanctions addressed in this section shall
23be clearly and prominently posted outside of, and at the entrance
24to, the grounds of
all detention facilities under the jurisdiction of,
25or operated by, the state or any city, county, or city and county.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.
It is the intent of the Legislature to enact
36legislation that will regulate unmanned aircraft systems.
O
98