Amended in Senate March 11, 2015

Senate BillNo. 170


Introduced by Senator Gaines

February 5, 2015


An act tobegin delete amend Section 46 ofend deletebegin insert add Sections 4577, 4578, and 4579 toend insert thebegin delete Civilend deletebegin insert Penalend insert Code, relating tobegin delete civil law.end deletebegin insert unmanned aircraft systems.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 170, as amended, Gaines. begin deletePersonal rights. end deletebegin insertUnmanned aircraft systems: correctional facilities.end insert

begin insert

Existing federal law, the Federal Aviation Administration 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.

end insert
begin insert

Existing state law generally prohibits a person from bringing, possessing, distributing, or selling certain devices and substances, including, among other things, alcoholic beverages, controlled substances, and deadly weapons, in state prison or a jail. Existing law also prohibits unauthorized communication with inmates in state prison or a jail. Existing law provides criminal penalties for violations of these provisions.

end insert
begin insert

This bill would make a person who uses an unmanned aircraft system, as defined, to commit a violation of those provisions, guilty of a felony, and would require the imposition of a sentence of one year of imprisonment in addition to any other penalty provided by law.

end insert
begin insert

This bill would make a person who knowingly and intentionally operates an unmanned aircraft system below the navigable airspace overlaying a state prison guilty of a misdemeanor. The bill would also make a person who knowingly and intentionally captures images or data of a state prison through the operation of an unmanned aircraft system guilty of a misdemeanor. The bill would make these misdemeanor provisions inapplicable to a person employed by the prison acting within the scope of his or her employment, or a person who receives prior permission from the Department of Corrections and Rehabilitation. By creating new crimes, the bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law defines “slander” as a false and unprivileged publication, communicated orally or by radio, mechanical, or other means, which causes specified damages.

end delete
begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4577 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert4577.end insert  

(a) (1) When a person uses an unmanned aircraft system
3to commit a violation of this chapter, the person is guilty of a felony
4and a sentence of one year of imprisonment shall be imposed in
5addition to any other penalty provided by law.

6(2) This subdivision does not apply to a violation of Section
74578 or 4579.

8(b) For purposes of this chapter, the following definitions apply:

9(1) “Unmanned aircraft” means an aircraft that is operated
10without the possibility of direct human intervention from within
11or on the aircraft.

12(2) “Unmanned aircraft system” means an unmanned aircraft
13and associated elements, including, but not limited to,
P3    1communication links and the components that control the
2unmanned aircraft that are required for the pilot in command to
3operate safely and efficiently in the national airspace system.

end insert
4begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 4578 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
5

begin insert4578.end insert  

(a) Except as provided in subdivision (b), a person who
6knowingly and intentionally operates an unmanned aircraft system
7below the navigable airspace, as defined in Section 42102 of Title
849 of the United States Code, overlaying a state prison is guilty
9of a misdemeanor.

10(b) This section does not apply to a person employed by the
11prison who operates the unmanned aircraft system within the scope
12of his or her employment, or a person who receives prior
13permission from the Department of Corrections and Rehabilitation
14to operate the unmanned aircraft system.

end insert
15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 4579 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
16

begin insert4579.end insert  

(a) Except as provided in subdivision (b), a person who
17knowingly and intentionally captures images or data of a state
18prison through the operation of an unmanned aircraft system is
19guilty of a misdemeanor.

20(b) This section does not apply to a person employed by the
21prison who captures images or data of a state prison through the
22operation of an unmanned aircraft system within the scope of his
23or her employment, or a person who receives prior permission
24from the Department of Corrections and Rehabilitation to capture
25images or data of a state prison through the operation of an
26unmanned aircraft system.

end insert
27begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.

end insert
begin delete
36

SECTION 1.  

Section 46 of the Civil Code is amended to read:

37

46.  

Slander is a false and unprivileged publication
38communicated orally, or by radio, mechanical, or other means,
39which does any of the following:

P4    1(a) Charges a person with a crime, or with having been indicted,
2convicted, or punished for a crime.

3(b) Imputes in him or her the present existence of an infectious,
4contagious, or loathsome disease.

5(c) Tends directly to injure him or her in respect to his or her
6office, profession, trade or business, either by imputing to him or
7her general disqualification in those respects which the office or
8other occupation peculiarly requires, or by imputing something
9with reference to his or her office, profession, trade, or business
10that has a natural tendency to lessen its profits.

11(d) Imputes to him or her impotence or a want of chastity.

12(e) By natural consequence causes actual damage.

end delete


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