Amended in Senate April 6, 2015

Senate Bill No. 271

Introduced by Senator Gaines

February 19, 2015

An act to add Section 626.12 to the Penal Code, relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

SB 271, as amended, Gaines. Unmanned aircraft systems.

Existing law makes it a crime to possess a firearm within 1,000 feet of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive. Existing law also makes it a crime to possess specified knives or blades on the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive.

This bill would make it an infraction to operate an unmanned aircraft system on or above the grounds of a public school providing instruction in kindergarten or grades 1 to 12, begin delete inclusive. This end delete begin insert inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority. The bill would also make it an infraction to use an unmanned aircraft system to capture images of public school grounds providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority. The bill would define school hours for its purposes as during any school session, extracurricular activity, or event sponsored by or participated in by the school, and the one-hour periods immediately preceding and following any session, activity, or event. The end insert bill would provide for a fine of no more than begin delete $150 end delete begin insert $50 end insert for the first violation of its provisions, and a fine of no more than begin delete $500 end delete begin insert $200 end insert for each subsequent violation.

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.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 626.12 is added to the Penal Code, to
read:

626.12.  

(a) Unless authorized by federal law, it shall be an
infraction to operate an unmanned aircraft system on or above the
grounds of a public school providing instruction in kindergarten
or grades 1 to 12, inclusive, begin delete and shall be punished as follows: end delete
begin insert during school hours and without the written permission of the
school principal or higher authority, or his or her designee, or
equivalent school authority. end insert

begin insert

(b) Unless authorized by federal law, it shall be an infraction
to use an unmanned aircraft system to capture images of public
school grounds providing instruction in kindergarten or grades 1
to 12, inclusive, during school hours and without the written
permission of the school principal or higher authority, or his or
her designee, or equivalent school authority.

end insert begin insert

(c) A violation of this section shall be punished as follows:

end insert

(1) Upon a first conviction under this section, a fine of no more
than begin delete one hundred fifty dollars ($150). end delete begin insert fifty dollars ($50). end insert

(2) Upon a second and any subsequent conviction under this
section, a fine of no more than begin delete five hundred dollars ($500). end delete begin insert two
hundred dollars ($200). end insert

begin delete

(b)

end delete

begin insert (d) end insert  For the purposes of this section, “unmanned aircraft system”
means an unmanned aircraft and associated elements, including
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.

begin insert

(e) For the purposes of this section “school hours” means
during any school session, extracurricular activity, or event
sponsored by or participated in by the school, and the one-hour
periods immediately preceding and following any session, activity,
or event.

end insert begin delete

(c)

end delete

begin insert (f) end insert  This section shall not apply to the operation of an unmanned
aircraft system by law enforcement during a public safety
emergency.

SEC. 2.  

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.