BILL NUMBER: SB 271 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2015
AMENDED IN SENATE APRIL 21, 2015
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, 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 first
violation, a fine of no more than $50 for the 2nd violation of its
provisions, violation 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, a radio or television station, 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 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, 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) A Upon a first conviction, a
warning shall be given upon a first violation of this
section. given.
(2) Upon a second and any subsequent conviction under
this section, a fine of no more than fifty dollars ($50).
two hundred dollars ($200).
(3) Upon a third and any subsequent conviction under this section,
a fine of no more than two hundred dollars ($200).
(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
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.
(f) This section shall not apply to a publisher, editor, reporter,
or other person connected with or employed by a newspaper, magazine,
or other periodical publication, or by a radio or television
station, or by a press association or wire service, or any
person who has been so connected or employed unless a request that
the person cease using an unmanned aircraft system at a public school
building or public school grounds is made by the principal, or the
designee of the principal, on the basis that the continued presence
of the unmanned aircraft system used by the person would be
disruptive of, or would interfere with, classes or other activities
of the public school program.
(g) This section shall not apply to the operation of an unmanned
aircraft system by law enforcement.
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.