BILL NUMBER: SB 170	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2015
	AMENDED IN SENATE  APRIL 7, 2015
	AMENDED IN SENATE  MARCH 11, 2015

INTRODUCED BY   Senator Gaines
    (   Coauthor:   Senator   Anderson
  ) 

                        FEBRUARY 5, 2015

   An act to add Sections 4577 and 4578 to the Penal Code, relating
to unmanned aircraft systems.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 170, as amended, Gaines. Unmanned aircraft systems:
correctional facilities.
   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.
   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.
   This bill would make a person who uses an unmanned aircraft
system, as defined,  to commit a   in 
violation of  those   specified 
provisions, subject to  the imposition of a sentence of one
year of imprisonment or  a doubled fine, as specified, in
addition to any other penalty provided by law.  The bill would
also require that the use of an unmanned aircraft   system
in violation of specified provisions be considered a factor in
aggravation in sentencing for purposes of a felony conviction under
those provisions. 
   This bill would make a person who knowingly and intentionally
operates an unmanned aircraft system below the navigable airspace
overlaying a state prison or a jail guilty of a misdemeanor. The bill
would make these misdemeanor provisions inapplicable to a person
employed by the prison or jail acting within the scope of his or her
employment, or a person who receives prior permission from the
Department of Corrections and Rehabilitation or the county sheriff.
By creating new crimes, the bill would impose a state-mandated local
program.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4577 is added to the Penal Code, to read:
   4577.  (a) (1) When a person uses an unmanned aircraft system to
commit a  felony  violation of this chapter, 
excluding Section 4575 or 4576, a sentence of one year of
imprisonment shall be imposed in addition to any other penalty
provided by law   the use of the unmanned aircraft
system shall be considered a factor in aggravation in sentencing
 .
   (2) When a person uses an unmanned aircraft system to commit a
violation of Section 4575 or 4576, the maximum or prescribed amounts
of fines for offenses in those sections shall be doubled in addition
to any other penalty provided by law.
   (3) This subdivision does not apply to a violation of Section 4578
or 4579.
   (b) For purposes of this chapter, the following definitions apply:

   (1) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
   (2) "Unmanned aircraft system" means an unmanned aircraft and
associated elements, including, but not limited to, communication
links and the components that control the unmanned aircraft that are
required for the pilot in command to operate safely and efficiently
in the national airspace system.
  SEC. 2.  Section 4578 is added to the Penal Code, to read:
   4578.  (a) Except as provided in subdivisions (b) and (c), a
person who knowingly and intentionally operates an unmanned aircraft
system below the navigable airspace, as defined in Section 42102 of
Title 49 of the United States Code, overlaying a state prison or a
jail is guilty of a misdemeanor.
   (b) This section does not apply to a person employed by the prison
who operates the unmanned aircraft system within the scope of his or
her employment, or a person who receives prior permission from the
Department of Corrections and Rehabilitation to operate the unmanned
aircraft system over the prison.
   (c) This section does not apply to a person employed by the jail
who operates the unmanned aircraft system within the scope of his or
her employment, or a person who receives prior permission from the
county sheriff to operate the unmanned aircraft system over the jail.

  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.