BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 170|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                        VETO 


          Bill No:  SB 170
          Author:   Gaines (R), et al.
          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

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           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

           SENATE FLOOR:  39-0, 9/4/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Lara, Leno,  
            Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,  
            Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Jackson

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

           SUBJECT:   Unmanned aircraft systems: correctional facilities


          SOURCE:    Author








                                                                     SB 170  
                                                                    Page  2



          


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

          ANALYSIS: 

          Existing 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.) 

          Existing state law:

           1) Prohibits wiretapping or eavesdropping on confidential  
             communications. (Penal Code § 630.) 

           2) 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.) 

           3) 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).) 

           4) 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  








                                                                     SB 170  
                                                                    Page  3



             personal or familial activity under circumstances in which  
             the plaintiff had a reasonable expectation of privacy,  
             through the 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).) 

           5) 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).) 

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

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

           8) Makes it a felony to possess controlled substances where  
             prisoners are kept. (Penal Code §4573.6) 

           9) Makes it a felony to possess drugs or paraphernalia in  
             prison or jail. (Penal Code § 4573.8) 

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

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

           12)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 §  
             4575.(a).) 

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








                                                                     SB 170  
                                                                    Page  4




           14)Makes it a misdemeanor to possess with the intent to deliver  
             a wireless communication device in a prison. (Penal Code  
             §4576) 

          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. 

          2)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  
            Rehabilitation. 

          3)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. 

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

          5)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  
          some extent by fine revenues.












                                                                     SB 170  
                                                                    Page  5



          SUPPORT:   (Verified10/27/15)


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


          OPPOSITION:   (Verified10/27/15)




          California Attorneys for Criminal Justice  


          GOVERNOR'S VETO MESSAGE:


               I am returning the following nine bills without my  
               signature:

               Assembly Bill 144
               Assembly Bill 849
               Senate Bill 168
               Senate Bill 170
               Senate Bill 271
               Senate Bill 333
               Senate Bill 347
               Senate Bill 716
               Senate Bill 722

               Each of these bills creates a new crime - usually by  
               finding a novel way to characterize and criminalize conduct  
               that is already proscribed. This multiplication and  
               particularization of criminal behavior creates increasing  
               complexity without commensurate benefit.

               Over the last several decades, California's criminal code  
               has grown to more than 5,000 separate provisions, covering  
               almost every conceivable form of human misbehavior. During  
               the same period, our jail and prison populations have  








                                                                     SB 170  
                                                                    Page  6



               exploded.

               Before we keep going down this road, I think we should  
               pause and reflect on how our system of criminal justice  
               could be made more human, more just and more  
               cost-effective.


          ASSEMBLY FLOOR:  80-0, 9/3/15
          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. / 
          11/4/15 14:08:38


                                   ****  END  ****