BILL NUMBER: SB 271	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

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,  inclusive.
This   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  bill would provide for a fine of no more than
 $150   $50  for the first violation of its
provisions, and a fine of no more than  $500  
$200  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,  and shall be punished as follows:
  during school hours and without the written
permission of the school principal or higher authority, or his or her
designee, or equivalent school authority.  
   (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.  
   (c) A violation of this section shall be punished as follows:

   (1) Upon a first conviction under this section, a fine of no more
than  one hundred fifty dollars ($150).   fifty
dollars ($50). 
   (2) Upon a second and any subsequent conviction under this
section, a fine of no more than  five hundred dollars ($500).
  two hundred dollars ($200).  
    (b) 
    (d)  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. 
   (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.
 
    (c) 
    (f)  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.