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 ****