BILL ANALYSIS Ó
SB 170
Page 1
Date of Hearing: July 14, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB
170 (Gaines) - As Amended June 29, 2015
SUMMARY: Makes it a misdemeanor to operate an unmanned aircraft
system on or above the grounds of a state prison or jail, except
as specified. Specifically, this bill:
1)Provides that any person who knowingly and intentionally
operates an unmanned aircraft system on or above the grounds
of a state prison is guilty of a misdemeanor punishable by a
term of imprisonment not to exceed six month, by a fine not to
exceed $1,000, or by both.
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2)Exempts a person employed by the prison who operates an
unmanned aircraft system within the scope of his or her
employment, or a person who receives prior permission from the
California Department of Corrections (CDCR) to operate the
unmanned aircraft system over the prison.
3)Exempts a person employed by the jail who operates an unmanned
aircraft system within the scope of his or her employment, or
a person who receives prior permission from the sheriff to
operate the unmanned aircraft system over the jail.
4)Defines "unmanned aircraft" as an aircraft that is operated
without the possibility of direct human intervention from
within or on the aircraft.
5)Defines "unmanned aircraft system" to mean an unmanned
aircraft and associated elements including, but not limited
to, communications 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.
EXISTING LAW:
1)Establishes the Aviation Administration Modernization Reform
Act of 2012 which requires the Secretary of Transportation to
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develop a comprehensive plan to safely accelerate the
integration of civil unmanned aircraft systems into the
national airspace system. The plan is required to provide for
safe integration of civil unmanned aircraft into national
airspace as soon as practicable, but not later than September
30, 2015. (112 P.L. 95, 332.)
2)Provides that any person in a local correctional facility who
possesses a wireless communication device, including, but not
limited to, a cellular telephone, pager, or wireless Internet
device, who is not authorized to possess that item is guilty
of a misdemeanor, punishable by a fine of not more than
$1,000. (Pen. Code, § 4575, subd. (a).)
3)States that it is a misdemeanor, punishable by imprisonment in
the county jail not exceeding six months, a fine not to exceed
$5,000 for each device, or both that fine and imprisonment,
for a person who possesses with the intent to deliver, or
delivers, to an inmate or ward in the custody of the
California Department of Corrections and Rehabilitation (CDCR)
any cellular telephone or other wireless communication device
or any component thereof, except as specified. (Pen. Code, §
4576, subd. (a).)
4)States if a person visiting an inmate or ward in the custody
of CDCR, upon being searched or subjected to a metal detector,
is found to be in possession of a cellular telephone or other
wireless communication device or any component thereof, that
device or component shall be subject to confiscation but shall
be returned on the same day the person visits the inmate or
ward, unless the cellular telephone or other wireless
communication device or any component thereof is held as
evidence in a case where the person is cited for a violation
of the above provision. (Pen. Code, § 4576, subd. (b)(1).)
5)Provides, if, upon investigation, it is determined that no
prosecution will take place, the cellular telephone or other
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wireless communication device or any component thereof shall
be returned to the owner at the owner's expense. (Pen. Code,
§ 4576, subd. (b)(2).)
6)Requires notice of this provision shall be posted in all areas
where visitors are searched prior to visitation with an inmate
or ward in the custody of CDCR. (Pen. Code, § 4576, subd.
(b)(3).)
7)States any inmate who is found to be in possession of a
wireless communication device shall be subject to time credit
denial or loss of up to 90 days. (Pen. Code, § 4576, subd.
(c).)
8)Provides that a person who brings, without authorization, a
wireless communication device within the secure perimeter of
any prison or institution housing offenders under the
jurisdiction of CDCR is deemed to have given his or her
consent to CDCR using available technology to prevent that
wireless device from sending or receiving telephone calls or
other forms of electronic communication. Notice of this
provision shall be posted at all public entry gates of the
prison or institution. (Pen. Code, § 4576, subd. (d).)
9)Makes it a felony for smuggling a controlled substance into
prison or jail. (Pen. Code, § 4573.)
10)States it is a felony to bring drugs or alcoholic beverages
into a penal institution. (Pen. Code, § 4573.5.)
11)Makes it a felony to possess controlled substances where
prisoners are kept. (Pen. Code, § 4573.6.)
12)States it is a felony to possess drugs or paraphernalia in
prison or jail. (Penal Code § 4573.8.)
13)Makes it a felony to sell or give drugs to a person in
custody in state prison or other institution under the
jurisdiction of CDCR. (Pen. Code, § 4573.9.)
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FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Keeping
contraband out of prison and jails is essential to running
safe and orderly facilities. Studies show that the presence of
contraband increases the risk of violence or disruptive
behavior. However, even with the close monitoring of
individuals and mail coming into prisons and jails, creating
contraband-free facilities has always been a challenge.
"With public access to drones increasing, this issue is
escalating. As drones become smaller and easier to operate,
virtually anyone will be able to use the devise to drop
contraband into a prison or jail. Already there have been
instances in South Carolina, Georgia, and Canada of attempts
to use drones to drop contraband into prisons. It is
imperative that California's penal code addresses this reality
by limiting the use of drones over prisons and jails.
"Additionally, drones can be used to gather sensitive
information from inside prison and jail walls. This
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information can be used for a variety of dangerous exploits,
including inmate escapes and prison riots. Placing
restrictions on the use of drones over prisons and jails helps
prevent these situations.
2)Argument in Support: The California Police Chiefs Association
states, "As unmanned aircraft become more publicly accessible,
virtually anyone will be able to use the device to drop
contraband into a prison or county jail. Additionally
unmanned aircraft systems can be used to gather sensitive
information from inside of prisons and jails. This
information can be used for a variety of dangerous exploits,
including inmate escapes and prison riots. Placing
restrictions on the use of unmanned aircraft over prisons and
jails helps prevent these situations."
3)Argument in Opposition: The California Attorneys for Criminal
Justice argue, "The proposed Penal Code section 4577 would
prohibit the use of unmanned aircraft on or above the grounds
of a state prison or jail, even when not committing crimes
related to the furnishing of contraband. The proposed
legislation would impermissibly shield the prison system from
the public eye. Given the California's prison system's
history of deplorable conditions, this law would promote an
air of secrecy in and around the prison's walls."
4)Related Legislation:
a) AB 56 (Quirk) regulates the use of unmanned aircraft
systems by public agencies. AB 56 is pending hearing in
the Senate Appropriations Committee.
b) AB 271 (Gaines) prohibits the unauthorized use of an
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unmanned aircraft system on a school grounds during school
hours or to capture images of the school grounds during
school hours. AB 56 is pending hearing in the Assembly
Education Committee.
c) SB 142 (Jackson) makes it a trespass to operate an
unmanned aircraft system less than 350 feet above ground
over private property without the consent of the owner. SB
142 is pending hearing in the Assembly Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Correctional Peace Officers Association
California Police Chiefs Association
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Opposition
California Attorneys for Criminal Justice
Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
319-3744