Amended in Senate April 6, 2015

Senate Bill No. 263

Introduced by Senator Gaines

February 18, 2015

An act to amend Section begin delete 4210 end delete begin insert 273.6 end insert of the begin delete Public Resources end delete begin insert Penal end insert Code, relating to begin delete fire prevention. end delete begin insert protective orders. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 263, as amended, Gaines. begin delete Fire prevention: state responsibility areas. end delete begin insert Protective orders: use of an unmanned aircraft system. end insert

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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.

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Existing state law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence, elder and dependent adult abuse, workplace violence, and civil harassment. Under existing law, an intentional and knowing violation of those types of protective orders is a misdemeanor. If the violation results in physical injury, or occurs within specified time periods of a previous violation, existing law imposes additional penalties. Existing law also makes the crime of stalking another person, as defined, punishable as a misdemeanor or felony. Existing law makes it a felony to commit that offense when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior.

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This bill would specifically prohibit a person subject to certain protective orders, when the person is prohibited by the protective order from coming within a specified distance of another person, from operating an unmanned aircraft system in a way that causes an unmanned aircraft, as those terms are defined, to fly within the prohibited distance of the other person, or from capturing images of the other person by using an unmanned aircraft system. By creating a new crime, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law makes certain findings and declarations regarding fire protection of the public trust resources on lands in state responsibility areas, including that the costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of the structures.

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This bill would make nonsubstantive changes to this law.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 273.6 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

273.6.  

(a) Any intentional and knowing violation of a
protective order, as defined in Section 6218 of the Family Code,
or of an order issued pursuant to Section 527.6, 527.8, or 527.85
of the Code of Civil Procedure, or Section 15657.03 of the Welfare
and Institutions Code, is a misdemeanor punishable by a fine of
not more than one thousand dollars ($1,000), or by imprisonment
in a county jail for not more than one year, or by both that fine and
imprisonment.

(b) In the event of a violation of subdivision (a) that results in
physical injury, the person shall be punished by a fine of not more
than two thousand dollars ($2,000), or by imprisonment in a county
jail for not less than 30 days nor more than one year, or by both
that fine and imprisonment. However, if the person is imprisoned
in a county jail for at least 48 hours, the court may, in the interest
of justice and for reasons stated on the record, reduce or eliminate
the 30-day minimum imprisonment required by this subdivision.
In determining whether to reduce or eliminate the minimum
imprisonment pursuant to this subdivision, the court shall consider
the seriousness of the facts before the court, whether there are
additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.

(c) Subdivisions (a) and (b) shall apply to the following court
orders:

(1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.

(2) An order excluding one party from the family dwelling or
from the dwelling of the other.

(3) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the order described
in subdivision (a).

(4) Any order issued by another state that is recognized under
Part 5 (commencing with Section 6400) of Division 10 of the
Family Code.

(d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or “a credible threat” of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or pursuant
to subdivision (h) of Section 1170.

(e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to a victim, the person
shall be punished by a fine of not more than two thousand dollars
($2,000), or by imprisonment in a county jail for not less than six
months nor more than one year, by both that fine and
imprisonment, or by imprisonment pursuant to subdivision (h) of
Section 1170. However, if the person is imprisoned in a county
jail for at least 30 days, the court may, in the interest of justice and
for reasons stated in the record, reduce or eliminate the six-month
minimum imprisonment required by this subdivision. In
determining whether to reduce or eliminate the minimum
imprisonment pursuant to this subdivision, the court shall consider
the seriousness of the facts before the court, whether there are
additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.

(f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).

(g) (1) Every person who owns, possesses, purchases, or
receives a firearm knowing he or she is prohibited from doing so
by the provisions of a protective order as defined in Section 136.2
of this code, Section 6218 of the Family Code, or Section 527.6,
527.8, or 527.85 of the Code of Civil Procedure, or Section
15657.03 of the Welfare and Institutions Code, shall be punished
under Section 29825.

(2) Every person subject to a protective order described in
paragraph (1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (f) of
Section 527.9 of the Code of Civil Procedure, or subdivision (h)
of Section 6389 of the Family Code.

(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose probation
consistent with Section 1203.097, and the conditions of probation
may include, in lieu of a fine, one or both of the following
requirements:

(1) That the defendant make payments to a battered women’s
shelter or to a shelter for abused elder persons or dependent adults,
up to a maximum of five thousand dollars ($5,000), pursuant to
Section 1203.097.

(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds
are the direct result of the defendant’s offense.

(i) For any order to pay a fine, make payments to a battered
women’s shelter, or pay restitution as a condition of probation
under subdivision (e), the court shall make a determination of the
defendant’s ability to pay. In no event shall any order to make
payments to a battered women’s shelter be made if it would impair
the ability of the defendant to pay direct restitution to the victim
or court-ordered child support. Where the injury to a married person
is caused in whole or in part by the criminal acts of his or her
spouse in violation of this section, the community property may
not be used to discharge the liability of the offending spouse for
restitution to the injured spouse, required by Section 1203.04, as
operative on or before August 2, 1995, or Section 1202.4, or to a
shelter for costs with regard to the injured spouse and dependents,
required by this section, until all separate property of the offending
spouse is exhausted.

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(j) (1) This subdivision applies to a person who is both of the
following:

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(A) The person is subject to a protective order, as defined in
Section 6218 of the Family Code, or a protective order issued
pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code
of Civil Procedure, or Section 15657.03 of the Welfare and
Institutions Code.

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(B) The person is prohibited by the protective order described
in subparagraph (A) from coming within a specified distance of
another person.

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(2) A person described in paragraph (1) shall not do either of
the following:

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(A) Operate an unmanned aircraft system in a way that causes
an unmanned aircraft to fly within the prohibited distance of the
other person.

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(B) Capture images of the other person by using an unmanned
aircraft system.

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(3) A violation of paragraph (2) shall be a violation of the
protective order.

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(4) For purposes of this subdivision, the following definitions
apply:

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(A) “Unmanned aircraft” means an aircraft that is operated
without the possibility of direct human intervention from within
or on the aircraft.

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(B) “Unmanned aircraft system” means an unmanned aircraft
and associated elements, including, but not limited to,
communication links and the components that control the
unmanned aircraft that are required for the pilot in command to
operate safely and efficiently in the national airspace system.

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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SECTION 1.  

Section 4210 of the Public Resources Code is
amended to read:

4210.  

The Legislature finds and declares all of the following:

(a) Fire protection of the public trust resources on lands in the
state responsibility areas remains a vital interest to California.
Lands that are covered in whole or in part by a diverse plant
community prevent excessive erosion, retard runoff, reduce
sedimentation, and accelerate water percolation to assist in the
maintenance of critical sources of water for environmental,
irrigation, domestic, or industrial uses.

(b) The presence of structures within state responsibility areas
can pose an increased risk of fire ignition and an increased potential
for fire damage within the state’s wildlands and watersheds. The
presence of structures within state responsibility areas can also
impair wildland firefighting techniques and could result in greater
damage to state lands caused by wildfires.

(c) The costs of fire prevention activities aimed at reducing the
effects of structures in state responsibility areas should be borne
by the owners of the structures.

(d) Individual owners of structures within state responsibility
areas receive a disproportionately larger benefit from fire
prevention activities than that realized by the state’s citizens
generally.

(e) It is the intent of the Legislature that the economic burden
of fire prevention activities that are associated with structures in
state responsibility areas shall be equitably distributed among the
citizens of the state who generally benefit from those activities
and those owners of structures in the state responsibility areas who
receive a specific benefit other than that general benefit.

(f) It is necessary to impose a fire prevention fee to pay for fire
prevention activities in the state responsibility areas that
specifically benefit owners of structures in the state responsibility
areas.

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