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 ****