SB 262, as introduced, Galgiani. Unmanned aircraft systems: law enforcement use.
Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.
Existing state law generally regulates the use of surveillance technology by a law enforcement agency.
This bill would specifically authorize a law enforcement agency to use an unmanned aircraft system if the use of the unmanned aircraft system complies with protections against unreasonable searches guaranteed by the United States Constitution and the California Constitution, federal law applicable to the use of an unmanned aircraft system by a law enforcement agency, and state law applicable to a law enforcement agency’s use of surveillance technology that can be attached to an unmanned aircraft system. The bill would define law enforcement agency and unmanned aircraft system for these purposes. The bill would also make related findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) The Federal Aviation Administration currently conducts a
4comprehensive operational and technical review of all public
5agency applications to operate an unmanned aircraft system. Law
6enforcement agencies that wish to operate an unmanned aircraft
7system can do so only after receiving a certificate of authorization
8or waiver from the Federal Aviation Administration.
9(b) Technological advancements and the utilization of new
10technologies are essential in supporting law enforcement agencies’
11missions of preventing and fighting crime.
12(c) The responsible
use of unmanned aircraft systems by law
13enforcement agencies is both an efficient and effective use of
14emerging technology.
15(d) A law enforcement agency’s ability to share information
16acquired through the use of technology attached to unmanned
17aircraft systems is directly related to the profession’s ability to
18solve crimes.
19(e) The Fourth Amendment to the United States Constitution
20protects against unreasonable searches by law enforcement
21agencies, including searches conducted with advanced
22technologies.
Chapter 4 (commencing with Section 11470) is added
24to Title 1 of Part 4 of the Penal Code, to read:
25
(a) A law enforcement agency may use an unmanned
29aircraft system if the use of the unmanned aircraft system complies
30with all of the following:
31(1) Protections against unreasonable searches guaranteed by the
32United States Constitution and the California Constitution.
33(2) Federal law applicable to the use of an unmanned aircraft
34system by a law enforcement agency, including, but not limited
35to, regulations of the Federal Aviation Administration.
P3 1(3) State law applicable to a law enforcement agency’s use of
2surveillance technology that can be attached to an unmanned
3aircraft system, including, but not limited to,
Chapter 1.5
4(commencing with Section 630) of Title 15 of Part 1.
5(b) For purposes of this chapter, the following definitions shall
6apply:
7(1) “Law enforcement agency” means the police or sheriff’s
8department of a city, county, or city and county.
9(2) “Unmanned aircraft” means an aircraft that is operated
10without the possibility of direct human intervention from within
11or on the aircraft.
12(3) “Unmanned aircraft system” means an unmanned aircraft
13and associated elements, including, but not limited to,
14communication links and the components that control the
15unmanned aircraft that are required for the pilot in command to
16operate safely and efficiently in the national airspace system.
O
99