Amended in Senate April 14, 2015

Senate BillNo. 142


Introduced by Senator Jackson

January 26, 2015


An act to add Section 1708.83 to the Civil Code, relating to civil law.

LEGISLATIVE COUNSEL’S DIGEST

SB 142, as amended, Jackson. Civil law: unmanned aerial vehicles.

Existing federal law, the FAA Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.

Existing law imposes liability for physical invasion of privacy, if a person knowingly enters onto the land of another without permission or otherwise commits a trespass in order to capture any image or recording of the plaintiff engaging in a private activity and the invasion is offensive to a reasonable person.

This bill would define knowing entry upon the land of another also to include operation of an unmanned aerial vehicle below the navigable airspace overlaying thebegin delete property.end deletebegin insert real property or operation of an unmanned aerial vehicle less than 350 feet above ground level within the airspace overlaying the real property.end insert

Existing law deems the detriment caused by wrongful occupation of real property to be the value of the use of the property for the time of the wrongful occupation, the reasonable cost of repair or restoration of the property, and the costs of recovering the possession.

This bill would extend liability for wrongful occupation of real property and damages to a person who without permission operates an unmanned aerial vehicle below the navigable airspace overlaying the realbegin delete property.end deletebegin insert property or operation of an unmanned aerial vehicle less than 350 feet above ground level within the airspace overlaying the real property.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1708.83 is added to the Civil Code, to
2read:

3

1708.83.  

(a) A person knowingly enters onto the land of
4another person pursuant to subdivision (a) of Section 1708.8 if he
5or shebegin delete operatesend deletebegin insert does either of the following:end insert

6begin insert(1)end insertbegin insertend insertbegin insertOperatesend insert an unmanned aerial vehicle below the navigable
7airspace, as defined in paragraph (32) of subsection (a) of Section
840102 of Title 49 of the United States Code, overlaying thebegin insert realend insert
9 property.

begin insert

10(2) Operates an unmanned aerial vehicle less than 350 feet
11above ground level within the airspace overlaying the real
12property.

end insert

13(b) A person wrongfully occupies real property and is liable for
14damages pursuant to Section 3334 if, without permission, he or
15shebegin delete operatesend deletebegin insert does either of the following:end insert

16begin insert(1)end insertbegin insertend insertbegin insertOperatesend insert an unmanned aerial vehicle below the navigable
17airspace, as defined in paragraph (32) of subsection (a) of Section
18begin delete 42102end deletebegin insert 40102end insert of Title 49 of the United States Code, overlaying the
19real property.

begin insert

20(2) Operates an unmanned aerial vehicle less than 350 feet
21above ground level within the airspace overlaying the real
22property.

end insert


O

    98