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, 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 abegin insert warning for a first violation, aend insert fine of no more than $50 for thebegin delete firstend deletebegin insert 2ndend insert violation of its provisions, and a fine of no more than $200 for each subsequent violation.begin insert
The bill would exempt from its provisions any publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service, unless the principal or the principal’s designee has requested that the person cease the operation of the unmanned aircraft system on the basis that the operation of the unmanned aircraft system would be disruptive of, or interfere with, classes of the public school program. The bill would also exempt law enforcement from its provisions.end insert
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 626.12 is added to the Penal Code, to
2read:
(a) Unless authorized by federal law, it shall be an
4infraction to operate an unmanned aircraft system on or above the
5grounds of a public school providing instruction in kindergarten
6or grades 1 to 12, inclusive, during school hours and without the
7written permission of the school principal or higher authority, or
8his or her designee, or equivalent school authority.
9(b) Unless authorized by federal law, it shall be an infraction
10to use an unmanned aircraft system to capture images of public
11school grounds providing instruction in kindergarten or grades 1
12to 12, inclusive, during school hours and without the written
13permission of the school principal or higher
authority, or his or
14her designee, or equivalent school authority.
15(c) A violation of this section shall be punished as follows:
16(1) begin deleteUpon end deletebegin insertA warning shall be given upon a first violation of this
17section.end insert
18begin insert(2)end insertbegin insert end insertbegin insertUponend insert abegin delete firstend deletebegin insert
secondend insert conviction under this section, a fine of
19no more than fifty dollars ($50).
P3 1 (2)
end delete
2begin insert(3)end insert Upon abegin delete secondend deletebegin insert thirdend insert and any subsequent conviction under
3this section, a fine of no more than two hundred dollars ($200).
4(d) For the purposes of this section, “unmanned
aircraft system”
5means an unmanned aircraft and associated elements, including
6communication links and the components that control the
7unmanned aircraft, that are required for the pilot in command to
8operate safely and efficiently in the national airspace system.
9(e) For the purposes of this section “school hours” means during
10any school session, extracurricular activity, or event sponsored by
11or participated in by the school, and the one-hour periods
12immediately preceding and following any session, activity, or
13event.
14(f) This section shall not apply to a publisher, editor, reporter,
15or other person connected with or employed by a newspaper,
16magazine, or other periodical publication, or by a press association
17or wire service,
or any person who has been so connected or
18employed unless a request that the person cease using an
19unmanned aircraft system at a public school building or public
20school grounds is made by the principal, or the designee of the
21principal, on the basis that the continued presence of the unmanned
22aircraft system used by the person would be disruptive of, or would
23interfere with, classes or other activities of the public school
24program.
25 (f)
end delete
26begin insert(g)end insert This section shall not apply to the operation of an unmanned
27aircraft system by lawbegin delete enforcement during a public safety begin insert
enforcement.end insert
28emergency.end delete
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.
O
97