BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2320 (Calderon) - Unmanned aircraft systems
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|Version: May 4, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2320 would impose numerous restrictions on the
operation or use of an unmanned aircraft system (UAS), as
specified.
Fiscal
Impact:
State prison : Potential minor future increase in state costs
(General Fund) to the extent the restrictions imposed on the
use or operation of a UAS result in felony convictions and
commitments to state prison. To the extent two cases are
impacted due to the provisions of this bill would cost $58,000
in any one year based on the contract bed rate of $29,000 per
inmate per year.
Local jails : Potential minor future increase in
non-reimbursable local costs (Local Funds) to the extent the
added factor in aggravation for felony convictions would
result in longer jail sentences.
Background: An unmanned aircraft system (UAS), also referred to as
"unmanned aerial vehicle," "remote piloted aircraft," or
AB 2320 (Calderon) Page 1 of
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"drone," is an aircraft without a human pilot that is either
controlled remotely or fully automated. UAS are being utilized
in a growing number of applications, including but not limited
to the activities of businesses, law enforcement, government
agencies, and hobbyists. This bill seeks to impose specified
restrictions on the use or operation of UAS.
Proposed Law:
This bill would include the operation or use of an UAS in a
number of statutes prohibiting unlawful behavior by an
individual. Specifically, this bill:
Provides that a person who is subject to a protective order
and prohibited by that order to stay a specified distance from
another person shall not: operate a UAS in a way that causes
it to fly within the prohibited distance of the other person
or capture images of the other person by using an UAS. Either
of these actions will be considered a violation of the
protective order, a misdemeanor, or a felony for subsequent
violations.
Provides that a judge may order a person required to register
as a sex offender for an offense committed on or after January
1, 2017, to not operate an UAS if the judge finds that the
restriction is in the public interest.
Provides that for purposes of the misdemeanor offense of
impeding the activities of emergency personnel in the
performance of their duties while coping with an emergency (PC
§ 402), a "person" includes a person who operates or uses an
UAS.
Provides that for purposes of the alternate felony-misdemeanor
offense of stalking (PC § 646.9), a "person" includes a person
who operates or uses an UAS.
Provides that for purposes of the felony offense of knowingly
bringing contraband into a state prison or correctional
facility, or local correctional facility, camp, or farm (PC §
4573.5), a "person" includes a person who operates or uses an
UAS.
Defines "unmanned aircraft" as an aircraft that is operated
without the possibility of direct human intervention from
within or on the aircraft.
Defines "unmanned aircraft system" as an unmanned aircraft and
associated elements, including, but not limited to,
communication links and components that control the unmanned
aircraft that ware required of the pilot in command to operate
AB 2320 (Calderon) Page 2 of
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safely and efficiently in the national airspace system.
Makes uncodified Legislative findings and declarations.
Includes uncodified intent language stating that it is the
intent of the Legislature that a person be prohibited from,
without the owner or business operator's written consent,
operating or using an UAS to knowingly and intentionally fly
within 250 feet of the perimeter of any critical
infrastructure facility for the purpose of conducting
surveillance of the facility, gathering evidence or collecting
information about the facility, or photographically or
electronically recording critical infrastructure data.
Related Legislation: AB 1680 (Rodriguez) 2016 would provide
that it is a misdemeanor to use a drone to impede specified
emergency personnel in the performance of their duties while
coping with an emergency. This bill has been placed on the
second reading file on the Senate Floor pursuant to Senate Rule
28.8.
Prior
Legislation: SB 170 (Gaines) 2015 would have prohibited a
person from knowingly and intentionally operating an UAS over a
state prison or county jail. This bill was vetoed along with
eight other measures by the Governor with the following message:
Each of these bills creates a new crime - usually by finding a
novel way to characterize and criminalize conduct that is
already proscribed. This multiplication and particularization of
criminal behavior creates increasing complexity without
commensurate benefit.
Over the last several decades, California's criminal code has
grown to more than 5,000 separate provisions, covering almost
every conceivable form of human misbehavior. During the same
period, our jail and prison populations have exploded. Before we
keep going down this road, I think we should pause and reflect
on how our system of criminal justice could be made more human,
more just and more cost-effective.
Staff
Comments: By expanding the definition of various misdemeanor
and felony offenses to include the unlawful operation or use of
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a UAS, this bill could potentially result in a minor increase in
costs to state and local agencies for commitments to state
prison and county jail.
The felony offenses potentially resulting in a state prison
sentence are felony stalking (PC § 646.9), repeated violations
of a protective order for a defendant with a current or prior
serious or violent felony conviction or a requirement to
register as a sex offender (PC § 273.6), and knowingly bringing
contraband into a state or local agency correctional facility
(PC § 4573.5). Although the frequency of felony convictions
resulting in a state prison sentence are estimated to be minor,
even two commitments to state prison in any one year results in
additional state costs of $58,000 (General Fund) based on the
contract bed cost of $29,000 per inmate per year.
Recommended Amendment: Staff recommends deletion or
codification of the uncodified intent language (b)(1) and
(b)(2), which prohibits a person from, without the owner or
business operator's written consent, operating a UAS to
knowingly and intentionally fly within 250 feet of the perimeter
of any critical infrastructure facility.
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