BILL ANALYSIS Ó
AB 2320
Page 1
Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2320 (Calderon) - As Amended May 4, 2016
-----------------------------------------------------------------
|Policy |Privacy and Consumer |Vote:|6 - 3 |
|Committee: |Protection | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| |Local Government | |8 - 0 |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill places several restrictions on the use of unmanned
aircraft systems (UAS)-also known as drones. Specifically, this
bill:
1)Makes it a misdemeanor, punishable by a fine of up to $1,000
and/or a year in county jail, for a person subject to a
AB 2320
Page 2
protective order to operate a UAS within the specified
distance of the person who obtained the protective order.
2)Provides that if the violation of (1) that results in physical
injury (or is a second violation within a year) is punishable
by a fine of up to $2,000 and/or at least 30 days (but no more
than one year) in county jail.
3)Authorizes a judge to prohibit a person required to register
as a sex offender from operating a UAS, if the judge
determines such action is in the public interest.
4)Makes it a misdemeanor to use a UAS to view the scene of an
emergency in a way that impedes police officers, firefighters,
emergency medical, or other emergency personnel, or military
personnel in the performance of their emergency duties.
5)Makes it a misdemeanor to use a UAS to stalk another person by
willfully, maliciously, and repeatedly following or willfully
and maliciously harassing another person, and makes it a
felony to use a UAS to stalk someone when there is a temporary
restraining order in place.
6)Makes it a felony to use a UAS to bring contraband into a jail
or state prison.
FISCAL EFFECT:
1)Nonreimbursable costs to local governments for enforcement and
punishment, offset to some extent by fine revenues.
AB 2320
Page 3
2)Potential, but likely minor state incarceration costs for
felony convictions.
COMMENTS:
Purpose. This bill seeks to protect personal privacy and public
safety by amending a variety of existing laws to clarify that a
violation of those laws can be committed by use of a UAS.
According to the author, "The FAA is in the process of
developing rules that are intended to safely integrate small
unmanned aircraft systems into the national airspace system and
that, following issuance of a notice of proposed rulemaking and
public comment period, are expected to be released in 2016 or
2017. While the FAA is developing the small unmanned aircraft
system rules, California has a responsibility to ensure the
safety of our citizens and at the same time, help foster an
industry that can provide a wide range of useful applications."
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081