Amended in Assembly May 4, 2016

Amended in Assembly April 25, 2016

Amended in Assembly April 4, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2320


Introduced by Assembly Members Calderon and Low

February 18, 2016


An act to amend Sections 273.6, 402, 646.9, and 4573.5 of, and to add Section 290.97 to, the Penal Code, relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

AB 2320, as amended, Calderon. Unmanned aircraft systems.

(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.

Existing 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.

This 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.

(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.

This bill wouldbegin delete prohibitend deletebegin insert specifically authorize a judge to orderend insert a person required to register pursuant to those provisions for an offense committed on or after January 1, 2017, from operating an unmanned aircraftbegin delete system.end deletebegin insert system if the judge finds that restriction is in the public interest.end insert Because a violation of that provision would be a crime, the bill would impose a state-mandated local program.

(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.

This 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.

(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.

This bill would specifically include, for purposes of these provisions, the operation or use of an unmanned aircraft system in the definition of a person.

(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.

This bill would specifically include, for purposes of these provisions, the operation or use of an unmanned aircraft system in the definition of a person.

(6) The bill would make related legislative findings and declarations and would include a statement of legislative intent.

(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.

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:

P3    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) The Federal Aviation Act of 1958 established the Federal
4Aviation Administration (FAA) and made the FAA responsible
5for the control and use of navigable airspace within the United
6States.

7(2) The FAA regulates unmanned aircraft systems, also known
8as drones.

9(3) Public entities, including law enforcement agencies,
10firefighter units, border and port patrols, disaster relief workers,
11search and rescue personnel, qualifying public universities, military
12training facilities, and other government operational mission units,
P4    1may operate unmanned aircraft systems by applying for a
2Certificate of Waiver or Authorization from the FAA.

3(4) The FAA is in the process of developing rules that are
4intended to safely integrate small unmanned aircraft systems into
5the national airspace system and that, following issuance of a notice
6of proposed rulemaking and public comment period, are expected
7to be released in 2016 or 2017.

8(5) The small unmanned aircraft system rules are anticipated to
9be similar to the current hobbyist rules for operations of model
10unmanned aircraft systems that limit the area of operation to
11low-risk and controlled environments and the size of the system
12to less than 55 pounds.

13(6) While the FAA is developing the small unmanned aircraft
14system rules, private commercial entities on a
15company-by-company basis may apply to the FAA for a Section
16333 exemption from the current rules for manned aircraft by
17showing that the entity operates with at least an equivalent level
18of safety. The FAA has granted over 1,900 Section 333 exemptions
19to date for the commercial operation of unmanned aircraft systems
20in the photography, film, utilities, energy, infrastructure, real estate,
21agricultural, and construction industries.

22(7) In addition to being used in military training and operations
23and public safety areas, unmanned aircraft systems may be used
24in a wide variety of activities, including oil and natural gas pipeline
25inspection, transportation, natural disaster aid, search and rescue,
26precision agriculture, natural resource and environmental
27protection, bridge and infrastructure inspection, public utility
28support, construction and building inspection, surveying, golf
29course marketing, wind turbine inspection, realtor marketing
30photography, and prison monitoring.

31(8) While the public has expressed concerns with the operation
32of unmanned aircraft systems, including privacy and safety issues,
33there are benefits that may be realized by the state, including the
34state’s various industry sectors, from conducting research on
35unmanned aircraft systems in the state and developing,
36manufacturing, and operating unmanned aircraft systems in the
37state.

38(9) The FAA has warned that a “patchwork quilt” of inconsistent
39regulation raises substantial safety concerns, impedes innovation,
P5    1and makes it virtually impossible for end-users to understand the
2rules for operating unmanned aircraft systems.

3(b) (1) It is the intent of the Legislature that a person be
4prohibited from, without the owner or business operator’s written
5consent, operating or using an unmanned aircraft system to
6knowingly and intentionally fly within 250 feet of the perimeter
7of any critical infrastructure facility for the purpose of conducting
8surveillance of the facility, gathering evidence or collecting
9information about the facility, or photographically or electronically
10recording critical infrastructure data.

11(2) For purposes of this subdivision, “critical infrastructure
12facility” means an airport, an electrical power generation system,
13a petroleum refinery, a manufacturing facility that utilizes any
14combustible chemicals either in storage or in the process of
15manufacturing, a chemical or rubber manufacturing facility, or a
16 petroleum or chemical storage facility.

17

SEC. 2.  

Section 273.6 of the Penal Code is amended to read:

18

273.6.  

(a) Any intentional and knowing violation of a
19protective order, as defined in Section 6218 of the Family Code,
20or of an order issued pursuant to Section 527.6, 527.8, or 527.85
21of the Code of Civil Procedure, or Section 15657.03 of the Welfare
22and Institutions Code, is a misdemeanor punishable by a fine of
23not more than one thousand dollars ($1,000), or by imprisonment
24in a county jail for not more than one year, or by both that fine and
25imprisonment.

26(b) A violation of subdivision (a) that results in physical injury,
27shall be punished by a fine of not more than two thousand dollars
28($2,000), or by imprisonment in a county jail for not less than 30
29days nor more than one year, or by both that fine and imprisonment.
30However, if the person is imprisoned in a county jail for at least
3148 hours, the court may, in the interest of justice and for reasons
32stated on the record, reduce or eliminate the 30-day minimum
33imprisonment required by this subdivision. In determining whether
34to reduce or eliminate the minimum imprisonment pursuant to this
35subdivision, the court shall consider the seriousness of the facts
36before the court, whether there are additional allegations of a
37violation of the order during the pendency of the case before the
38court, the probability of future violations, the safety of the victim,
39and whether the defendant has successfully completed or is making
40progress with counseling.

P6    1(c) Subdivisions (a) and (b) shall apply to the following court
2orders:

3(1) Any order issued pursuant to Section 6320 or 6389 of the
4Family Code.

5(2) An order excluding one party from the family dwelling or
6from the dwelling of the other.

7(3) An order enjoining a party from specified behavior that the
8court determined was necessary to effectuate the order described
9in subdivision (a).

10(4) Any order issued by another state that is recognized under
11Part 5 (commencing with Section 6400) of Division 10 of the
12Family Code.

13(d) A subsequent conviction for a violation of an order described
14in subdivision (a), occurring within seven years of a prior
15conviction for a violation of an order described in subdivision (a)
16and involving an act of violence or “a credible threat” of violence,
17as defined in subdivision (c) of Section 139, is punishable by
18imprisonment in a county jail not to exceed one year, or pursuant
19to subdivision (h) of Section 1170.

20(e) A subsequent conviction for a violation of an order described
21in subdivision (a) for an act occurring within one year of a prior
22conviction for a violation of an order described in subdivision (a)
23that results in physical injury to a victim, shall be punished by a
24fine of not more than two thousand dollars ($2,000), or by
25imprisonment in a county jail for not less than six months nor more
26than one year, by both that fine and imprisonment, or by
27imprisonment pursuant to subdivision (h) of Section 1170.
28However, if the person is imprisoned in a county jail for at least
2930 days, the court may, in the interest of justice and for reasons
30stated in the record, reduce or eliminate the six-month minimum
31imprisonment required by this subdivision. In determining whether
32to reduce or eliminate the minimum imprisonment pursuant to this
33subdivision, the court shall consider the seriousness of the facts
34before the court, whether there are additional allegations of a
35violation of the order during the pendency of the case before the
36court, the probability of future violations, the safety of the victim,
37and whether the defendant has successfully completed or is making
38progress with counseling.

P7    1(f) The prosecuting agency of each county shall have the primary
2responsibility for the enforcement of orders described in
3subdivisions (a), (b), (d), and (e).

4(g) (1) A person who owns, possesses, purchases, or receives
5a firearm knowing he or she is prohibited from doing so by the
6provisions of a protective order as defined in Section 136.2 of this
7code, Section 6218 of the Family Code, or Section 527.6, 527.8,
8or 527.85 of the Code of Civil Procedure, or Section 15657.03 of
9the Welfare and Institutions Code, shall be punished under Section
1029825.

11(2) A person subject to a protective order described in paragraph
12(1) shall not be prosecuted under this section for owning,
13possessing, purchasing, or receiving a firearm to the extent that
14firearm is granted an exemption pursuant to subdivision (f) of
15Section 527.9 of the Code of Civil Procedure, or subdivision (h)
16of Section 6389 of the Family Code.

17(h) If probation is granted upon conviction of a violation of
18subdivision (a), (b), (c), (d), or (e), the court shall impose probation
19consistent with Section 1203.097, and the conditions of probation
20may include, in lieu of a fine, one or both of the following
21requirements:

22(1) That the defendant make payments to a battered women’s
23shelter or to a shelter for abused elder persons or dependent adults,
24up to a maximum of five thousand dollars ($5,000), pursuant to
25Section 1203.097.

26(2) That the defendant reimburse the victim for reasonable costs
27of counseling and other reasonable expenses that the court finds
28are the direct result of the defendant’s offense.

29(i) For any order to pay a fine, make payments to a battered
30women’s shelter, or pay restitution as a condition of probation
31under subdivision (e), the court shall make a determination of the
32defendant’s ability to pay. An order to make payments to a battered
33women’s shelter shall not be made if it would impair the ability
34of the defendant to pay direct restitution to the victim or
35court-ordered child support. If the injury to a married person is
36caused in whole or in part by the criminal acts of his or her spouse
37in violation of this section, the community property may not be
38used to discharge the liability of the offending spouse for restitution
39to the injured spouse, required by Section 1203.04, as operative
40on or before August 2, 1995, or Section 1202.4, or to a shelter for
P8    1costs with regard to the injured spouse and dependents, required
2by this section, until all separate property of the offending spouse
3is exhausted.

4(j) (1) This subdivision applies to a person who is both of the
5following:

6(A) The person is subject to a protective order, as defined in
7Section 6218 of the Family Code, or a protective order issued
8pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code
9of Civil Procedure, or Section 15657.03 of the Welfare and
10Institutions Code.

11(B) The person is prohibited by the protective order described
12in subparagraph (A) from coming within a specified distance of
13another person.

14(2) A person described in paragraph (1) shall not do either of
15the following:

16(A) Operate an unmanned aircraft system in a way that causes
17an unmanned aircraft to fly within the prohibited distance of the
18other person.

19(B) Capture images of the other person by using an unmanned
20aircraft system.

21(3) A violation of paragraph (2) is a violation of the protective
22order.

23(4) For the purposes of this subdivision, the following definitions
24apply:

25(A) “Unmanned aircraft” means an aircraft that is operated
26without the possibility of direct human intervention from within
27or on the aircraft.

28(B) “Unmanned aircraft system” means an unmanned aircraft
29and associated elements, including, but not limited to,
30communication links and the components that control the
31unmanned aircraft that are required for the pilot in command to
32operate safely and efficiently in the national airspace system.

33

SEC. 3.  

Section 290.97 is added to the Penal Code, to read:

34

290.97.  

(a) Abegin insert judge may order aend insert person required to register
35pursuant to this chapter for an offense committed on or after
36January 1, 2017,begin delete shallend deletebegin insert toend insert not operate an unmanned aircraftbegin delete system.end delete
37
begin insert system if the judge finds that restriction is in the public interest.end insert

38(b) For purposes of this section, both of the following definitions
39apply:

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.

9

SEC. 4.  

Section 402 of the Penal Code is amended to read:

10

402.  

(a) (1) A person who goes to the scene of an emergency,
11or stops at the scene of an emergency, for the purpose of viewing
12the scene or the activities of police officers, firefighters, emergency
13medical, or other emergency personnel, or military personnel
14coping with the emergency in the course of their duties during the
15time it is necessary for emergency vehicles or those personnel to
16be at the scene of the emergency or to be moving to or from the
17scene of the emergency for the purpose of protecting lives or
18property, unless it is part of the duties of that person’s employment
19to view that scene or activities, and thereby impedes police officers,
20firefighters, emergency medical, or other emergency personnel or
21military personnel, in the performance of their duties in coping
22with 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) A person who knowingly resists or interferes with the lawful
35efforts of a lifeguard in the discharge or attempted discharge of an
36official duty in an emergency situation, when the person knows
37or reasonably should know that the lifeguard is engaged in the
38performance of his or her official duty, is guilty of a misdemeanor.

39(c) For the purposes of this section, an emergency includes a
40condition or situation involving injury to persons, damage to
P10   1property, or peril to the safety of persons or property, which results
2from a fire, an explosion, an airplane crash, flooding, windstorm
3damage, a railroad accident, a traffic accident, a power plant
4accident, a toxic chemical or biological spill, or any other natural
5or human-caused event.

6

SEC. 5.  

Section 646.9 of the Penal Code is amended to read:

7

646.9.  

(a) (1) A person who willfully, maliciously, and
8repeatedly follows or willfully and maliciously harasses another
9person and who makes a credible threat with the intent to place
10that person in reasonable fear for his or her safety, or the safety of
11his or her immediate family is guilty of the crime of stalking,
12punishable by imprisonment in a county jail for not more than one
13year, or by a fine of not more than one thousand dollars ($1,000),
14or by both that fine and imprisonment, or by imprisonment in the
15state prison.

16(2) For purposes of this subdivision, a person includes a person
17who operates or uses an unmanned aircraft system. For purposes
18of this paragraph, both of the following definitions apply:

19(A) “Unmanned aircraft” means an aircraft that is operated
20without the possibility of direct human intervention from within
21or on the aircraft.

22(B) “Unmanned aircraft system” means an unmanned aircraft
23and associated elements, including, but not limited to,
24communication links and the components that control the
25unmanned aircraft that are required for the pilot in command to
26operate safely and efficiently in the national airspace system.

27(b) Any person who violates subdivision (a) when there is a
28temporary restraining order, injunction, or any other court order
29in effect prohibiting the behavior described in subdivision (a)
30against the same party, shall be punished by imprisonment in the
31state prison for two, three, or four years.

32(c) (1) Every person who, after having been convicted of a
33felony under Section 273.5, 273.6, or 422, commits a violation of
34subdivision (a) shall be punished by imprisonment in a county jail
35for not more than one year, or by a fine of not more than one
36thousand dollars ($1,000), or by both that fine and imprisonment,
37or by imprisonment in the state prison for two, three, or five years.

38(2) Every person who, after having been convicted of a felony
39under subdivision (a), commits a violation of this section shall be
P11   1punished by imprisonment in the state prison for two, three, or
2five years.

3(d) In addition to the penalties provided in this section, the
4sentencing court may order a person convicted of a felony under
5this section to register as a sex offender pursuant to Section
6290.006.

7(e) For the purposes of this section, “harasses” means engages
8in a knowing and willful course of conduct directed at a specific
9person that seriously alarms, annoys, torments, or terrorizes the
10person, and that serves no legitimate purpose.

11(f) For the purposes of this section, “course of conduct” means
12two or more acts occurring over a period of time, however short,
13evidencing a continuity of purpose. Constitutionally protected
14activity is not included within the meaning of “course of conduct.”

15(g) For the purposes of this section, “credible threat” means a
16verbal or written threat, including that performed through the use
17of an electronic communication device, or a threat implied by a
18pattern of conduct or a combination of verbal, written, or
19electronically communicated statements and conduct, made with
20the intent to place the person that is the target of the threat in
21reasonable fear for his or her safety or the safety of his or her
22family, and made with the apparent ability to carry out the threat
23so as to cause the person who is the target of the threat to
24reasonably fear for his or her safety or the safety of his or her
25family. It is not necessary to prove that the defendant had the intent
26to actually carry out the threat. The present incarceration of a
27person making the threat shall not be a bar to prosecution under
28this section. Constitutionally protected activity is not included
29within the meaning of “credible threat.”

30(h) For purposes of this section, the term “electronic
31communication device” includes, but is not limited to, telephones,
32cellular phones, computers, video recorders, fax machines, or
33pagers. “Electronic communication” has the same meaning as the
34term defined in Subsection 12 of Section 2510 of Title 18 of the
35United States Code.

36(i) This section shall not apply to conduct that occurs during
37labor picketing.

38(j) If probation is granted, or the execution or imposition of a
39sentence is suspended, for any person convicted under this section,
40it shall be a condition of probation that the person participate in
P12   1counseling, as designated by the court. However, the court, upon
2a showing of good cause, may find that the counseling requirement
3shall not be imposed.

4(k) (1) The sentencing court also shall consider issuing an order
5restraining the defendant from any contact with the victim, that
6may be valid for up to 10 years, as determined by the court. It is
7the intent of the Legislature that the length of any restraining order
8be based upon the seriousness of the facts before the court, the
9probability of future violations, and the safety of the victim and
10his or her immediate family.

11(2) This protective order may be issued by the court whether
12the defendant is sentenced to state prison, county jail, or if
13imposition of sentence is suspended and the defendant is placed
14on probation.

15(l) For purposes of this section, “immediate family” means any
16spouse, parent, child, any person related by consanguinity or
17affinity within the second degree, or any other person who regularly
18resides in the household, or who, within the prior six months,
19regularly resided in the household.

20(m) The court shall consider whether the defendant would
21benefit from treatment pursuant to Section 2684. If it is determined
22to be appropriate, the court shall recommend that the Department
23of Corrections and Rehabilitation make a certification as provided
24in Section 2684. Upon the certification, the defendant shall be
25evaluated and transferred to the appropriate hospital for treatment
26pursuant to Section 2684.

27

SEC. 6.  

Section 4573.5 of the Penal Code is amended to read:

28

4573.5.  

(a) (1) A person who knowingly brings into any state
29prison or other institution under the jurisdiction of the Department
30of Corrections, or into any prison camp, prison farm, or any other
31place where prisoners or inmates of these institutions are located
32under the custody of prison or institution officials, officers, or
33employees, or into any county, city and county, or city jail, road
34camp, farm or any other institution or place where prisoners or
35inmates are being held under the custody of any sheriff, chief of
36police, peace officer, probation officer, or employees, or within
37the grounds belonging to any institution or place, any alcoholic
38beverage, any drugs, other than controlled substances, in any
39manner, shape, form, dispenser, or container, or any device,
40contrivance, instrument, or paraphernalia intended to be used for
P13   1unlawfully injecting or consuming any drug other than controlled
2substances, without having authority so to do by the rules of the
3Department of Corrections, the rules of the prison, institution,
4camp, farm, place, or jail, or by the specific authorization of the
5warden, superintendent, jailer, or other person in charge of the
6prison, jail, institution, camp, farm, or place, is guilty of a felony.

7(2) For purposes of this subdivision, a person includes a person
8who operates or uses an unmanned aircraft system. For purposes
9of this paragraph, both of the following definitions apply:

10(A) “Unmanned aircraft” means an aircraft that is operated
11without the possibility of direct human intervention from within
12or on the aircraft.

13(B) “Unmanned aircraft system” means an unmanned aircraft
14and associated elements, including, but not limited to,
15communication links and the components that control the
16unmanned aircraft that are required for the pilot in command to
17operate safely and efficiently in the national airspace system.

18(b) The prohibitions and sanctions addressed in this section shall
19be clearly and prominently posted outside of, and at the entrance
20to, the grounds of all detention facilities under the jurisdiction of,
21or operated by, the state or any city, county, or city and county.

22

SEC. 7.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



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