Senate BillNo. 808


Introduced by Senator Gaines

January 4, 2016


An act to amend Section 273.6 of the Penal Code, relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

SB 808, as introduced, Gaines. Protective orders: unmanned aircraft systems.

Existing 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 state law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence, elder and dependent adult abuse, workplace violence, and civil harassment. Under existing law, an intentional and knowing violation of those types of protective orders is a misdemeanor. If the violation results in physical injury, or occurs within specified time periods of a previous violation, existing law imposes additional penalties. Existing law also makes the crime of stalking another person, as defined, punishable as a misdemeanor or felony. Existing law makes it a felony to commit that offense when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior.

This bill would specifically prohibit a person who is prohibited from coming within a specified distance of another person, from operating an unmanned aircraft system in a way that causes an unmanned aircraft, as those terms are defined, to fly within the prohibited distance of the other person, or from capturing images of the other person by using an unmanned aircraft system. By creating a new crime, 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:

P2    1

SECTION 1.  

Section 273.6 of the Penal Code is amended to
2read:

3

273.6.  

(a) Any intentional and knowing violation of a
4protective order, as defined in Section 6218 of the Family Code,
5or of an order issued pursuant to Section 527.6, 527.8, or 527.85
6of the Code of Civil Procedure, or Section 15657.03 of the Welfare
7and Institutions Code, is a misdemeanor punishable by a fine of
8not more than one thousand dollars ($1,000), or by imprisonment
9in a county jail for not more than one year, or by both that fine and
10imprisonment.

begin delete

11(b) In the event of a

end delete

12begin insertAend insert violation of subdivision (a) that results in physical injury,begin delete the
13personend delete
shall be punished by a fine of not more than two thousand
14dollars ($2,000), or by imprisonment in a county jail for not less
15than 30 days nor more than one year, or by both that fine and
16imprisonment. However, if the person is imprisoned in a county
17jail for at least 48 hours, the court may, in the interest of justice
18and for reasons stated on the record, reduce or eliminate the 30-day
19minimum imprisonment required by this subdivision. In
20determining whether to reduce or eliminate the minimum
21imprisonment pursuant to this subdivision, the court shall consider
22the seriousness of the facts before the court, whether there are
23additional allegations of a violation of the order during the
P3    1pendency of the case before the court, the probability of future
2violations, the safety of the victim, and whether the defendant has
3successfully completed or is making progress with counseling.

4(c) Subdivisions (a) and (b) shall apply to the following court
5orders:

6(1) Any order issued pursuant to Section 6320 or 6389 of the
7Family Code.

8(2) An order excluding one party from the family dwelling or
9from the dwelling of the other.

10(3) An order enjoining a party from specified behavior that the
11court determined was necessary to effectuate the order described
12in subdivision (a).

13(4) Any order issued by another state that is recognized under
14Part 5 (commencing with Section 6400) of Division 10 of the
15Family Code.

16(d) A subsequent conviction for a violation of an order described
17in subdivision (a), occurring within seven years of a prior
18conviction for a violation of an order described in subdivision (a)
19and involving an act of violence or “a credible threat” of violence,
20as defined in subdivision (c) of Section 139, is punishable by
21imprisonment in a county jail not to exceed one year, or pursuant
22to subdivision (h) of Section 1170.

begin delete

23(e) In the event of a

end delete

24begin insertAend insertbegin insert end insertsubsequent conviction for a violation of an order described in
25subdivision (a) for an act occurring within one year of a prior
26conviction for a violation of an order described in subdivision (a)
27that results in physical injury to a victim,begin delete the personend delete shall be
28punished by a fine of not more than two thousand dollars ($2,000),
29or by imprisonment in a county jail for not less than six months
30nor more than one year, by both that fine and imprisonment, or by
31imprisonment pursuant to subdivision (h) of Section 1170.
32However, if the person is imprisoned in a county jail for at least
3330 days, the court may, in the interest of justice and for reasons
34stated in the record, reduce or eliminate the six-month minimum
35imprisonment required by this subdivision. In determining whether
36to reduce or eliminate the minimum imprisonment pursuant to this
37subdivision, the court shall consider the seriousness of the facts
38before the court, whether there are additional allegations of a
39violation of the order during the pendency of the case before the
40court, the probability of future violations, the safety of the victim,
P4    1and whether the defendant has successfully completed or is making
2progress with counseling.

3(f) The prosecuting agency of each county shall have the primary
4responsibility for the enforcement of orders described in
5subdivisions (a), (b), (d), and (e).

6(g) (1) begin deleteEvery end deletebegin insertA end insertperson who owns, possesses, purchases, or
7receives a firearm knowing he or she is prohibited from doing so
8by the provisions of a protective order as defined in Section 136.2
9of this code, Section 6218 of the Family Code, or Section 527.6,
10527.8, or 527.85 of the Code of Civil Procedure, or Section
1115657.03 of the Welfare and Institutions Code, shall be punished
12under Section 29825.

13(2) begin deleteEvery end deletebegin insertA end insertperson subject to a protective order described in
14paragraph (1) shall not be prosecuted under this section for owning,
15possessing, purchasing, or receiving a firearm to the extent that
16firearm is granted an exemption pursuant to subdivision (f) of
17Section 527.9 of the Code of Civil Procedure, or subdivision (h)
18of Section 6389 of the Family Code.

19(h) If probation is granted upon conviction of a violation of
20subdivision (a), (b), (c), (d), or (e), the court shall impose probation
21consistent with Section 1203.097, and the conditions of probation
22may include, in lieu of a fine, one or both of the following
23requirements:

24(1) That the defendant make payments to a battered women’s
25shelter or to a shelter for abused elder persons or dependent adults,
26up to a maximum of five thousand dollars ($5,000), pursuant to
27Section 1203.097.

28(2) That the defendant reimburse the victim for reasonable costs
29of counseling and other reasonable expenses that the court finds
30are the direct result of the defendant’s offense.

31(i) For any order to pay a fine, make payments to a battered
32women’s shelter, or pay restitution as a condition of probation
33under subdivision (e), the court shall make a determination of the
34defendant’s ability to pay.begin delete In no event shall anyend deletebegin insert Anend insert order to make
35payments to a battered women’s shelterbegin insert shall notend insert be made if it
36would impair the ability of the defendant to pay direct restitution
37to the victim or court-ordered child support.begin delete Whereend deletebegin insert Ifend insert the injury
38to a married person is caused in whole or in part by the criminal
39acts of his or her spouse in violation of this section, the community
40property may not be used to discharge the liability of the offending
P5    1spouse for restitution to the injured spouse, required by Section
21203.04, as operative on or before August 2, 1995, or Section
31202.4, or to a shelter for costs with regard to the injured spouse
4and dependents, required by this section, until all separate property
5of the offending spouse is exhausted.

begin insert

6(j) (1) This subdivision applies to a person who is both of the
7following:

end insert
begin insert

8(A) The person is subject to a protective order, as defined in
9Section 6218 of the Family Code, or a protective order issued
10pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code
11of Civil Procedure, or Section 15657.03 of the Welfare and
12Institutions Code.

end insert
begin insert

13(B) The person is prohibited by the protective order described
14in subparagraph (A) from coming within a specified distance of
15another person.

end insert
begin insert

16(2) A person described in paragraph (1) shall not do either of
17the following:

end insert
begin insert

18(A) Operate an unmanned aircraft system in a way that causes
19an unmanned aircraft to fly within the prohibited distance of the
20other person.

end insert
begin insert

21(B) Capture images of the other person by using an unmanned
22aircraft system.

end insert
begin insert

23(3) A violation of paragraph (2) is a violation of the protective
24order.

end insert
begin insert

25(4) For the purposes of this subdivision, the following definitions
26apply:

end insert
begin insert

27(A) “Unmanned aircraft” means an aircraft that is operated
28without the possibility of direct human intervention from within
29or on the aircraft.

end insert
begin insert

30(B) “Unmanned aircraft system” means an unmanned aircraft
31and associated elements, including, but not limited to,
32communication links and the components that control the
33unmanned aircraft that are required for the pilot in command to
34operate safely and efficiently in the national airspace system.

end insert
35

SEC. 2.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P6    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



O

    99