BILL ANALYSIS Ó
AB 2320
Page 1
ASSEMBLY THIRD READING
AB
2320 (Calderon and Low)
As Amended May 4, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Privacy |6-3 |Chau, Calderon, |Wilk, Baker, Gatto |
| | |Cooper, Dababneh, | |
| | |Gordon, Low | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |8-0 |Eggman, Waldron, | |
|Government | |Alejo, Chiu, Cooley, | |
| | |Beth Gaines, Gordon, | |
| | |Linder | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |19-0 |Gonzalez, Bigelow, | |
| | |Bonilla, Bonta, | |
| | |Calderon, Chang, | |
| | |McCarty, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Chau, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
AB 2320
Page 2
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| | | | |
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SUMMARY: Prohibits the operation of unmanned aircraft systems
(UAS) in a manner that violates a protective order, constitutes
stalking, interferes with emergency response personnel, or
facilitates delivery of contraband into a jail or prison; and
gives a judge the authority to prohibit registered sex offenders
from using a UAS if it would be in the public interest.
Specifically, this bill:
1)Makes it a misdemeanor, punishable by a fine of up to $1,000
and a year in county jail, as provided, to use a UAS to
intentionally and knowingly violate a protective order that
prohibits a person from coming within a specified distance of
another person.
2)Specifies that flying a UAS within the distance prohibited or
capturing images of the person covered by a protective order
is a violation of that order.
3)Provides that if the violation of a protective order by a UAS
results in physical injury (or is a second violation within a
year), the violation is punishable by a fine of up to $2,000
and not less than 30 days (but no more than one year) in
county jail.
4)Authorizes a judge to order a person who is required to
register as a sex offender from operating a UAS if such a
restriction is in the public interest.
5)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
AB 2320
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personnel in the performance of their emergency duties.
6)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 making 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; and makes using a UAS to stalk someone when there is a
temporary restraining order in place a felony.
7)Makes it a felony to use a UAS to bring contraband into a jail
or state prison.
8)Makes various technical and clarifying changes to current law.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Nonreimbursable costs to local governments for enforcement and
punishment, offset to some extent by fine revenues.
2)Potential, but likely minor state incarceration costs for
felony convictions.
COMMENTS:
1)Purpose of this bill. 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, and also by prohibiting the
regulation of UAS ownership and operation by local
AB 2320
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governments. This bill is author-sponsored.
2)Using UAS to violate protective orders or stalk someone.
Since UAS can be used to bother or capture images of a person,
this bill specifies that using a UAS to enter the prohibited
distance specified in a protective order is a violation of the
order and subject to the same penalties as other violations of
protective orders. Similarly, stalking laws prohibit a person
from repeatedly following or harassing another person in a way
that puts that person in fear. This bill specifies that using
a UAS to stalk someone constitutes a violation of stalking
laws that apply when physically following or harassing
someone.
3)Sex offenders and UAS. This bill authorizes a judge to
prohibit a person who must register as a sex offender from
using a UAS if it would be in the public interest. Under
current law, a person convicted of any felony is prohibited
from possessing a firearm.
4)Emergencies and UAS interference. In 2015, California
experienced a number of UAS interferences with emergency
responses to wildfires throughout the state. This bill
explicitly prohibits any use of a UAS that interferes with
police, fire, medical, or other emergency or military
personnel as they respond to natural or manmade emergencies.
5)Prisons and UAS. According to the New York Times, "some
would-be smugglers are experimenting with [UAS] as an
alternative to established methods like paying off officers,
hiding contraband in incoming laundry and throwing packages
disguised as rocks over fences." (Airmail Via Drones Is
Vexing For Prisons, New York Times, April 22, 2015) This bill
makes it a felony to use a UAS to deliver contraband to a
prison or jail.
AB 2320
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6)The federal preemption issue. Once the FAA has finished
promulgating regulations governing the commercial deployment
of UAS, which is expected to occur in the next year or two, a
future court may find that those federal regulations preempt
certain state laws, or parts thereof - such as this one, if
passed - but much remains uncertain.
Analysis Prepared by:
Jennie Bretschneider / P. & C.P. / (916)
319-2200
FN: 0002964