BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                        SB 170|
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                                UNFINISHED BUSINESS 

          Bill No:  SB 170
          Author:   Gaines (R)
          Amended:  9/1/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  6-0, 4/14/15
           AYES:  Hancock, Anderson, Leno, McGuire, Monning, Stone
           NO VOTE RECORDED:  Liu

           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  40-0, 6/4/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,  
            Stone, Vidak, Wieckowski, Wolk

           ASSEMBLY FLOOR:  80-0, 9/3/15 - See last page for vote

           SUBJECT:   Unmanned aircraft systems: correctional facilities 

          SOURCE:    Author

          DIGEST:  This bill prohibits a person from knowingly and  
          intentionally operating an unmanned aircraft system (UAS) over a  
          state prison or county jail.  


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          Assembly Amendments deleted a reference to navigable airspace as  
          defined by the United States code and instead prohibits the  
          flying of a UAS above the grounds of a prison.


          Existing  Law:

          1)Federal law, the Aviation Administration Modernization and  
            Reform Act of 2012, requires the Secretary of Transportation  
            to 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 systems into  
            national airspace as soon as practicable, not later than  
            September 30, 2015.  (112 P.L. 95, 332.)

          2)Prohibits wiretapping or eavesdropping on confidential  
            communications. (Penal Code § 630.)
           3)Makes it a crime for a person, intentionally, and without  
            requisite consent, to eavesdrop on a confidential  
            communication by means of any electronic amplifying or  
            recording device.  (Penal Code § 632.)

          4)Makes a person liable for "physical invasion of privacy" for  
            knowingly entering onto the land of another person or  
            otherwise committing a trespass in order to physically invade  
            the privacy of another person with the intent to capture any  
            type of visual image, sound recording, or other physical  
            impression of that person engaging in a personal or familial  
            activity, and the physical invasion occurs in a manner that is  
            offensive to a reasonable person.  (Civil Code § 1708.8 (a).) 
          5)Makes a person liable for "constructive invasion of privacy"  
            for attempting to capture, in a manner highly offensive to a  
            reasonable person, any type of visual image, sound recording,  
            or other physical impression of another person engaging in a  
            personal or familial activity under circumstances in which the  
            plaintiff had a reasonable expectation of privacy, through the  


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            use of a visual or auditory enhancing device, regardless of  
            whether there was a physical trespass, if the image or  
            recording could not have been achieved without a trespass  
            unless the visual or auditory enhancing device was used.   
            (Civil Code § 1708.8 (b).) 
          6)Provides that a person who commits an invasion of privacy for  
            a commercial purpose shall, in addition to any other damages  
            or remedies provided, be subject to disgorgement to the  
            plaintiff of any proceeds or other consideration obtained as a  
            result of the violation of this section.  Existing law defines  
            "commercial purpose" to mean any act done with the expectation  
            of sale, financial gain, or other consideration.  (Civil Code  
            § 1708.8 (d), (k).) 

          7)Makes it a felony for smuggling a controlled substance into  
            prison or jail.  (Penal Code §4573.)

          8)Makes it a felony to bring drugs or alcoholic beverages into a  
            penal institution. (Penal Code § 4573.5)

          9)Makes it a felony to possess controlled substances where  
            prisoners are kept.  (Penal Code §4573.6)
          10)Makes it a felony to possess drugs or paraphernalia in prison  
            or jail.  (Penal Code § 4573.8)

          11)Makes it a felony to sell or give drugs to a person in  
            custody in State Prison or Institution.  (Penal Code §4573.9)

          12)Makes it a felony for smuggling firearms, deadly weapons or  
            tear gas into prison or jail.  (Penal Code §4574.)

          13)Makes it a misdemeanor to possess a wireless communication  
            device including a cell phone, pager, etcetera in a local  
            correctional facility is a misdemeanor.  (Penal Code §  

          14)Makes it an infraction to possess any tobacco products in a  
            local correctional facility. (Penal Code § 4575.(b).)

          15)Makes it a misdemeanor to possess with the intent to deliver  


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            a wireless communication device in a prison. (Penal Code  

          This bill:  

          1)Makes it a misdemeanor for a person to knowingly and  
            intentionally operate a UAS on or above the grounds of a state  
            prison or jail, except as provided. 

          16)Exempts from the prohibition a prison employee operating  
            within the scope of his or her employment, or a person with  
            the prior permission of the Department of Corrections and  

          17)Exempts from the prohibition a jail employee operating within  
            the scope of his or her employment, or a person with the prior  
            permission of the county sheriff. 

          18)Defines the terms "unmanned aircraft" and "unmanned aircraft  
            system" consistent with Federal Aviation Administration (FAA)  

          19)Provides that no reimbursement is required because the only  
            costs that may be incurred by a local agency or school  
            district will be incurred because this bill creates a new  
            crime or infraction, eliminates a crime or infraction, changes  
            the penalty for a crime or infraction, or changes the  
            definition of a crime.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Assembly Appropriations Committee, minor  
          nonreimbursable costs to counties for enforcement, offset to  


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          some extent by fine revenues.

          SUPPORT:   (Verified 9/3/15)

          California Correctional Peace Officers Association
          California Police Chiefs Association
          California State Sheriffs' Association

          OPPOSITION:   (Verified 9/3/15)

          California Attorneys for Criminal Justice

           ASSEMBLY FLOOR:  80-0, 9/03/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

          Prepared by:Mary Kennedy / PUB. S. / 
          9/3/15 15:40:52

                                   ****  END  ****



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