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 a warning for a firstbegin delete violation, a fine of no more than $50 for the 2nd violation of its provisions,end deletebegin insert violationend insert and a fine of no more than $200 for each subsequent violation. 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,begin insert
a radio or television station,end insert 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.
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 deleteA end deletebegin insertUpon a first conviction, a end insertwarning shall bebegin delete given upon a begin insert given.end insert
17first violation of this section.end delete
P3 1(2) Upon a secondbegin insert and any subsequentend insert conviction under this
2section, a
fine of no more thanbegin delete fifty dollars ($50).end deletebegin insert two hundred
3dollars ($200).end insert
4(3) Upon a third and any subsequent conviction under this
5section, a fine of no more than two hundred dollars ($200).
6(d) For the purposes of this section, “unmanned aircraft system”
7means an unmanned aircraft and associated elements, including
8communication links and the components that control the
9unmanned aircraft, that are required for the pilot in command to
10operate safely and efficiently in the
national airspace system.
11(e) For the purposes of thisbegin delete sectionend deletebegin insert section,end insert “school hours”
12means during any school session, extracurricular activity, or event
13sponsored by or participated in by the school, and the one-hour
14periods immediately preceding and following any session, activity,
15or event.
16(f) This section shall not apply to a publisher, editor, reporter,
17or other person connected with or employed by a newspaper,
18magazine, or other periodical publication,begin insert or by a radio or
19television station,end insert or by a press association or
wire service, or any
20person who has been so connected or employed unless a request
21that the person cease using an unmanned aircraft system at a public
22school building or public school grounds is made by the principal,
23or the designee of the principal, on the basis that the continued
24presence of the unmanned aircraft system used by the person would
25be disruptive of, or would interfere with, classes or other activities
26of the public school program.
27(g) This section shall not apply to the operation of an unmanned
28aircraft system by law
enforcement.
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.
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