Amended in Senate August 15, 2016

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 would specifically authorize a judge to order a person required to register pursuant to those provisions for an offense committed on or after January 1, 2017,begin delete from operatingend deletebegin insert to not operateend insert an unmanned aircraft system if the judge finds that restriction is in the public interest. 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 wouldbegin delete include, for purposes of these provisions,end deletebegin insert also makeend insert the operation or use of an unmanned aircraftbegin delete system in the definition of a person.end deletebegin insert system, that is at the scene of an emergency, regardless of the operator’s location, punishable as a misdemeanor.end insert 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 andbegin delete declarations and would include a statement of legislative intent.end deletebegin insert declarations.end 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.

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.  

begin delete(a)end deletebegin deleteend deleteThe Legislature finds and declares all of the
2following:

begin delete

3(1)

end delete

4begin insert(a)end insert The Federal Aviation Act of 1958 established the Federal
5Aviation Administration (FAA) and made the FAA responsible
6for the control and use of navigable airspace within the United
7States.

begin delete

8(2)

end delete

P4    1begin insert(b)end insert The FAA regulates unmanned aircraft systems, also known
2as drones.

begin delete

3(3)

end delete

4begin insert(c)end insert Public entities, including law enforcement agencies,
5firefighter units, border and port patrols, disaster relief workers,
6search and rescue personnel, qualifying public universities, military
7training facilities, and other government operational mission units,
8may operate unmanned aircraft systems by applying for a
9Certificate of Waiver or Authorization from the FAA.

begin delete

10(4)

end delete

11begin insert(d)end insert The FAA is in the process of developing rules that are
12intended to safely integrate small unmanned aircraft systems into
13the national airspace system and that, following issuance of a notice
14of proposed rulemaking and public comment period, are expected
15to be released in 2016 or 2017.

begin delete

16(5)

end delete

17begin insert(e)end insert The small unmanned aircraft system rules are anticipated to
18be similar to the current hobbyist rules for operations of model
19unmanned aircraft systems that limit the area of operation to
20low-risk and controlled environments and the size of the system
21to less than 55 pounds.

begin delete

22(6)

end delete

23begin insert(f)end insert While the FAA is developing the small unmanned aircraft
24system rules, private commercial entities on a
25company-by-company basis may apply to the FAA for a Section
26333 exemption from the current rules for manned aircraft by
27showing that the entity operates with at least an equivalent level
28of safety. The FAA has granted over 1,900 Section 333 exemptions
29to date for the commercial operation of unmanned aircraft systems
30in the photography, film, utilities, energy, infrastructure, real estate,
31agricultural, and construction industries.

begin delete

32(7)

end delete

33begin insert(g)end insert In addition to being used in military training and operations
34and public safety areas, unmanned aircraft systems may be used
35in a wide variety of activities, including oil and natural gas pipeline
36inspection, transportation, natural disaster aid, search and rescue,
37precision agriculture, natural resource and environmental
38protection, bridge and infrastructure inspection, public utility
39support, construction and building inspection, surveying, golf
P5    1course marketing, wind turbine inspection, realtor marketing
2photography, and prison monitoring.

begin delete

3(8)

end delete

4begin insert(h)end insert While the public has expressed concerns with the operation
5of unmanned aircraft systems, including privacy and safety issues,
6there are benefits that may be realized by the state, including the
7state’s various industry sectors, from conducting research on
8unmanned aircraft systems in the state and developing,
9manufacturing, and operating unmanned aircraft systems in the
10state.

begin delete

11(9)

end delete

12begin insert(i)end insert The FAA has warned that a “patchwork quilt” of inconsistent
13regulation raises substantial safety concerns, impedes innovation,
14and makes it virtually impossible for end-users to understand the
15rules for operating unmanned aircraft systems.

begin delete

16(b) (1) It is the intent of the Legislature that a person be
17prohibited from, without the owner or business operator’s written
18consent, operating or using an unmanned aircraft system to
19knowingly and intentionally fly within 250 feet of the perimeter
20of any critical infrastructure facility for the purpose of conducting
21surveillance of the facility, gathering evidence or collecting
22information about the facility, or photographically or electronically
23recording critical infrastructure data.

24(2) For purposes of this subdivision, “critical infrastructure
25facility” means an airport, an electrical power generation system,
26a petroleum refinery, a manufacturing facility that utilizes any
27combustible chemicals either in storage or in the process of
28manufacturing, a chemical or rubber manufacturing facility, or a
29 petroleum or chemical storage facility.

end delete
30

SEC. 2.  

Section 273.6 of the Penal Code is amended to read:

31

273.6.  

(a) Any intentional and knowing violation of a
32protective order, as defined in Section 6218 of the Family Code,
33or of an order issued pursuant to Section 527.6, 527.8, or 527.85
34of the Code of Civil Procedure, or Section 15657.03 of the Welfare
35and Institutions Code, is a misdemeanor punishable by a fine of
36not more than one thousand dollars ($1,000), or by imprisonment
37in a county jail for not more than one year, or by both that fine and
38imprisonment.

39(b) A violation of subdivision (a) that results in physical injury,
40shall be punished by a fine of not more than two thousand dollars
P6    1($2,000), or by imprisonment in a county jail for not less than 30
2days nor more than one year, or by both that fine and imprisonment.
3However, if the person is imprisoned in a county jail for at least
448 hours, the court may, in the interest of justice and for reasons
5stated on the record, reduce or eliminate the 30-day minimum
6imprisonment required by this subdivision. In determining whether
7to reduce or eliminate the minimum imprisonment pursuant to this
8subdivision, the court shall consider the seriousness of the facts
9before the court, whether there are additional allegations of a
10violation of the order during the pendency of the case before the
11court, the probability of future violations, the safety of the victim,
12and whether the defendant has successfully completed or is making
13progress with counseling.

14(c) Subdivisions (a) and (b) shall apply to the following court
15orders:

16(1) Any order issued pursuant to Section 6320 or 6389 of the
17Family Code.

18(2) An order excluding one party from the family dwelling or
19from the dwelling of the other.

20(3) An order enjoining a party from specified behavior that the
21court determined was necessary to effectuate the order described
22in subdivision (a).

23(4) Any order issued by another state that is recognized under
24Part 5 (commencing with Section 6400) of Division 10 of the
25Family Code.

26(d) A subsequent conviction for a violation of an order described
27in subdivision (a), occurring within seven years of a prior
28conviction for a violation of an order described in subdivision (a)
29and involving an act of violence or “a credible threat” of violence,
30as defined in subdivision (c) of Section 139, is punishable by
31imprisonment in a county jail not to exceed one year, or pursuant
32to subdivision (h) of Section 1170.

33(e) A subsequent conviction for a violation of an order described
34in subdivision (a) for an act occurring within one year of a prior
35conviction for a violation of an order described in subdivision (a)
36that results in physical injury to a victim, shall be punished by a
37fine of not more than two thousand dollars ($2,000), or by
38imprisonment in a county jail for not less than six months nor more
39than one year, by both that fine and imprisonment, or by
40imprisonment pursuant to subdivision (h) of Section 1170.
P7    1However, if the person is imprisoned in a county jail for at least
230 days, the court may, in the interest of justice and for reasons
3stated in the record, reduce or eliminate the six-month minimum
4imprisonment required by this subdivision. In determining whether
5to reduce or eliminate the minimum imprisonment pursuant to this
6subdivision, the court shall consider the seriousness of the facts
7before the court, whether there are additional allegations of a
8violation of the order during the pendency of the case before the
9court, the probability of future violations, the safety of the victim,
10and whether the defendant has successfully completed or is making
11progress with counseling.

12(f) The prosecuting agency of each county shall have the primary
13responsibility for the enforcement of orders described in
14subdivisions (a), (b), (d), and (e).

15(g) (1) A person who owns, possesses, purchases, or receives
16a firearm knowing he or she is prohibited from doing so by the
17provisions of a protective order as defined in Section 136.2 of this
18code, Section 6218 of the Family Code, or Section 527.6, 527.8,
19or 527.85 of the Code of Civil Procedure, or Section 15657.03 of
20the Welfare and Institutions Code, shall be punished under Section
2129825.

22(2) A person subject to a protective order described in paragraph
23(1) shall not be prosecuted under this section for owning,
24possessing, purchasing, or receiving a firearm to the extent that
25firearm is granted an exemption pursuant to subdivision (f) of
26Section 527.9 of the Code of Civil Procedure, or subdivision (h)
27of Section 6389 of the Family Code.

28(h) If probation is granted upon conviction of a violation of
29subdivision (a), (b), (c), (d), or (e), the court shall impose probation
30consistent with Section 1203.097, and the conditions of probation
31may include, in lieu of a fine, one or both of the following
32requirements:

33(1) That the defendant make payments to a battered women’s
34shelter or to a shelter for abused elder persons or dependent adults,
35up to a maximum of five thousand dollars ($5,000), pursuant to
36Section 1203.097.

37(2) That the defendant reimburse the victim for reasonable costs
38of counseling and other reasonable expenses that the court finds
39are the direct result of the defendant’s offense.

P8    1(i) For any order to pay a fine, make payments to a battered
2women’s shelter, or pay restitution as a condition of probation
3under subdivision (e), the court shall make a determination of the
4defendant’s ability to pay. An order to make payments to a battered
5women’s shelter shall not be made if it would impair the ability
6of the defendant to pay direct restitution to the victim or
7court-ordered child support. If the injury to a married person is
8caused in whole or in part by the criminal acts of his or her spouse
9in violation of this section, the community property may not be
10used to discharge the liability of the offending spouse for restitution
11to the injured spouse, required by Section 1203.04, as operative
12on or before August 2, 1995, or Section 1202.4, or to a shelter for
13costs with regard to the injured spouse and dependents, required
14by this section, until all separate property of the offending spouse
15is exhausted.

16(j) (1) This subdivision applies to a person who is both of the
17following:

18(A) The person is subject to a protective order, as defined in
19Section 6218 of the Family Code, or a protective order issued
20pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code
21of Civil Procedure, or Section 15657.03 of the Welfare and
22Institutions Code.

23(B) The person is prohibited by the protective order described
24in subparagraph (A) from coming within a specified distance of
25another person.

26(2) A person described in paragraph (1) shall not do either of
27the following:

28(A) Operate an unmanned aircraft system in a way that causes
29an unmanned aircraft to fly within the prohibited distance of the
30other person.

31(B) Capture images of the other person by using an unmanned
32aircraft system.

33(3) A violation of paragraph (2) is a violation of the protective
34order.

35(4) For the purposes of this subdivision, the following definitions
36apply:

37(A) “Unmanned aircraft” means an aircraft that is operated
38without the possibility of direct human intervention from within
39or on the aircraft.

P9    1(B) “Unmanned aircraft system” means an unmanned aircraft
2and associated elements, including, but not limited to,
3communication links and the components that control the
4unmanned aircraft that are required for the pilot in command to
5operate safely and efficiently in the national airspace system.

6

SEC. 3.  

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

7

290.97.  

(a) A judge may order a person required to register
8pursuant to this chapter for an offense committed on or after
9January 1, 2017, to not operate an unmanned aircraft system if the
10judge finds that restriction is in the public interest.

11(b) For purposes of this section, both of the following definitions
12apply:

13(1) “Unmanned aircraft” means an aircraft that is operated
14without the possibility of direct human intervention from within
15or on the aircraft.

16(2) “Unmanned aircraft system” means an unmanned aircraft
17and associated elements, including, but not limited to,
18communication links and the components that control the
19unmanned aircraft that are required for the pilot in command to
20operate safely and efficiently in the national airspace system.

21

SEC. 4.  

Section 402 of the Penal Code is amended to read:

22

402.  

(a) (1) A person who goes to the scene of an emergency,
23or stops at the scene of an emergency, for the purpose of viewing
24the scene or the activities of police officers, firefighters, emergency
25medical, or other emergency personnel, or military personnel
26coping with the emergency in the course of their duties during the
27time it is necessary for emergency vehicles or those personnel to
28be at the scene of the emergency or to be moving to or from the
29scene of the emergency for the purpose of protecting lives or
30property, unless it is part of the duties of that person’s employment
31to view that scene orbegin insert thoseend insert activities, and thereby impedes police
32officers, firefighters, emergency medical, or other emergency
33personnel or military personnel, in the performance of their duties
34in coping with the emergency, is guilty of a misdemeanor.

35(2) For purposes of this subdivision, a person includes abegin delete person
36who operates or uses an unmanned aircraft system.end delete
begin insert person,
37regardless of his or her location, who operates or uses an
38unmanned aircraft system that is at the scene of an emergency.end insert

39 For purposes of this paragraph, both of the following definitions
40apply:

P10   1(A) “Unmanned aircraft” means an aircraft that is operated
2without the possibility of direct human intervention from within
3or on the aircraft.

4(B) “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(b) A person who knowingly resists or interferes with the lawful
10efforts of a lifeguard in the discharge or attempted discharge of an
11official duty in an emergency situation, when the person knows
12or reasonably should know that the lifeguard is engaged in the
13performance of his or her official duty, is guilty of a misdemeanor.

14(c) For the purposes of this section, an emergency includes a
15condition or situation involving injury to persons, damage to
16property, or peril to the safety of persons or property, which results
17from a fire, an explosion, an airplane crash, flooding, windstorm
18damage, a railroad accident, a traffic accident, abegin delete power plantend delete
19begin insert powerplantend insert accident, a toxic chemical or biological spill, or any
20other natural or human-caused event.

21

SEC. 5.  

Section 646.9 of the Penal Code is amended to read:

22

646.9.  

(a) (1) A person who willfully, maliciously, and
23repeatedly follows or willfully and maliciously harasses another
24person and who makes a credible threat with the intent to place
25that person in reasonable fear for his or her safety, or the safety of
26his or her immediate family is guilty of the crime of stalking,
27punishable by imprisonment in a county jail for not more than one
28year, or by a fine of not more than one thousand dollars ($1,000),
29or by both that fine and imprisonment, or by imprisonment in the
30state prison.

31(2) For purposes of this subdivision, a person includes a person
32who operates or uses an unmanned aircraft system. For purposes
33of this paragraph, both of the following definitions apply:

34(A) “Unmanned aircraft” means an aircraft that is operated
35without the possibility of direct human intervention from within
36or on the aircraft.

37(B) “Unmanned aircraft system” means an unmanned aircraft
38and associated elements, including, but not limited to,
39communication links and the components that control the
P11   1unmanned aircraft that are required for the pilot in command to
2operate safely and efficiently in the national airspace system.

3(b) Any person who violates subdivision (a) when there is a
4temporary restraining order, injunction, or any other court order
5in effect prohibiting the behavior described in subdivision (a)
6against the same party, shall be punished by imprisonment in the
7state prison for two, three, or four years.

8(c) (1) Every person who, after having been convicted of a
9felony under Section 273.5, 273.6, or 422, commits a violation of
10subdivision (a) shall be punished by imprisonment in a county jail
11for not more than one year, or by a fine of not more than one
12thousand dollars ($1,000), or by both that fine and imprisonment,
13or by imprisonment in the state prison for two, three, or five years.

14(2) Every person who, after having been convicted of a felony
15under subdivision (a), commits a violation of this section shall be
16punished by imprisonment in the state prison for two, three, or
17five years.

18(d) In addition to the penalties provided in this section, the
19sentencing court may order a person convicted of a felony under
20this section to register as a sex offender pursuant to Section
21290.006.

22(e) For the purposes of this section, “harasses” means engages
23in a knowing and willful course of conduct directed at a specific
24person that seriously alarms, annoys, torments, or terrorizes the
25person, and that serves no legitimate purpose.

26(f) For the purposes of this section, “course of conduct” means
27two or more acts occurring over a period of time, however short,
28evidencing a continuity of purpose. Constitutionally protected
29activity is not included within the meaning of “course of conduct.”

30(g) For the purposes of this section, “credible threat” means a
31verbal or written threat, including that performed through the use
32of an electronic communication device, or a threat implied by a
33pattern of conduct or a combination of verbal, written, or
34electronically communicated statements and conduct, made with
35the intent to place the person that is the target of the threat in
36reasonable fear for his or her safety or the safety of his or her
37family, and made with the apparent ability to carry out the threat
38so as to cause the person who is the target of the threat to
39reasonably fear for his or her safety or the safety of his or her
40family. It is not necessary to prove that the defendant had the intent
P12   1to actually carry out the threat. The present incarceration of a
2person making the threat shall not be a bar to prosecution under
3this section. Constitutionally protected activity is not included
4within the meaning of “credible threat.”

5(h) For purposes of this section, the term “electronic
6communication device” includes, but is not limited to, telephones,
7cellular phones, computers, video recorders, fax machines, or
8pagers. “Electronic communication” has the same meaning as the
9term defined in Subsection 12 of Section 2510 of Title 18 of the
10United States Code.

11(i) This section shall not apply to conduct that occurs during
12labor picketing.

13(j) If probation is granted, or the execution or imposition of a
14sentence is suspended, for any person convicted under this section,
15it shall be a condition of probation that the person participate in
16counseling, as designated by the court. However, the court, upon
17a showing of good cause, may find that the counseling requirement
18shall not be imposed.

19(k) (1) The sentencing court also shall consider issuing an order
20restraining the defendant from any contact with the victim, that
21may be valid for up to 10 years, as determined by the court. It is
22the intent of the Legislature that the length of any restraining order
23be based upon the seriousness of the facts before the court, the
24probability of future violations, and the safety of the victim and
25his or her immediate family.

26(2) This protective order may be issued by the court whether
27the defendant is sentenced to state prison, county jail, or if
28imposition of sentence is suspended and the defendant is placed
29on probation.

30(l) For purposes of this section, “immediate family” means any
31spouse, parent, child, any person related by consanguinity or
32affinity within the second degree, or any other person who regularly
33resides in the household, or who, within the prior six months,
34regularly resided in the household.

35(m) The court shall consider whether the defendant would
36benefit from treatment pursuant to Section 2684. If it is determined
37to be appropriate, the court shall recommend that the Department
38of Corrections and Rehabilitation make a certification as provided
39in Section 2684. Upon the certification, the defendant shall be
P13   1evaluated and transferred to the appropriate hospital for treatment
2pursuant to Section 2684.

3

SEC. 6.  

Section 4573.5 of the Penal Code is amended to read:

4

4573.5.  

(a) (1) A person who knowingly brings into any state
5prison or other institution under the jurisdiction of the Department
6of Corrections, or into any prison camp, prison farm, or any other
7place where prisoners or inmates of these institutions are located
8under the custody of prison or institution officials, officers, or
9employees, or into any county, city and county, or city jail, road
10camp, farm or any other institution or place where prisoners or
11inmates are being held under the custody of any sheriff, chief of
12police, peace officer, probation officer, or employees, or within
13the grounds belonging to any institution or place, any alcoholic
14beverage, any drugs, other than controlled substances, in any
15manner, shape, form, dispenser, or container, or any device,
16contrivance, instrument, or paraphernalia intended to be used for
17unlawfully injecting or consuming any drug other than controlled
18substances, without having authority so to do by the rules of the
19Department of Corrections, the rules of the prison, institution,
20camp, farm, place, or jail, or by the specific authorization of the
21warden, superintendent, jailer, or other person in charge of the
22prison, jail, institution, camp, farm, or place, is guilty of a felony.

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) The prohibitions and sanctions addressed in this section shall
35be clearly and prominently posted outside of, and at the entrance
36to, the grounds of all detention facilities under the jurisdiction of,
37or operated by, the state or any city, county, or city and county.

38

SEC. 7.  

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P14   1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.



O

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