BILL NUMBER: SB 271	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 30, 2015
	AMENDED IN SENATE  APRIL 28, 2015
	AMENDED IN SENATE  APRIL 21, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Gaines
    (   Coauthor:   Assembly Member  
Gatto   ) 

                        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   federal law, the Federal
Aviation Administration Modernization and Reform Act of 2012,
provides for the integration of civil unmanned aircraft systems,
commonly known as drones, into the national airspace system by
September 30, 2015. Existing federal law requires the Administrator
of the Federal Aviation Administration to develop and implement
operational and certification requirements for the operation of
public unmanned aircraft systems in the national airspace system by
December 31, 2015. 
    Existing law provides that a person who comes into any school
building or upon any school ground, or adjacent street, sidewalk, or
public way, whose presence or acts interfere with or disrupt a
school activity, without lawful business, or who remains after having
been asked to leave, as specified, is guilty of a misdemeanor.
Existing law also  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   inclusive, or  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.   those schools. 
   This bill  would   would, unless authorized
by federal law,  make it an infraction to  knowingly and
intentionally  operate an unmanned aircraft system on 
or above  the grounds  of   of, or less
than 350 feet above ground level within the airspace overlaying,
 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   also, unless authorized by federal law, 
make it an infraction to  knowingly and intentionally  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 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.  By creating new crimes, the bill would impose a
state-mandated local program. 
   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  knowingly and intentionally  operate an
unmanned aircraft system on  or above  the grounds
 of   of, or less than 350 feet above ground
level within the airspace overlaying,  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
 knowingly and intentionally  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, a warning shall be given.
   (2) Upon a second 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 
 the following definitions apply:  
   (1) "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.  
   (2) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft. 
    (3)     "Unmanned  aircraft system"
means an unmanned aircraft and associated elements, 
including   including, but not limited to, 
communication links and the components that control the unmanned
 aircraft,   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.
 
   (f) 
    (e)  This section  shall   does
 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) 
    (f)  This section  shall   does
 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.