BILL NUMBER: SB 809	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        JANUARY 4, 2016

   An act to add Section 626.12 to the Penal Code, relating to
unmanned aircraft systems.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 809, as introduced, Gaines. 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 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, or to possess specified knives or blades
on the grounds of those schools.
   This bill would, unless authorized by federal law, make it an
infraction to knowingly and intentionally operate an unmanned
aircraft or unmanned aircraft system on the grounds 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, unless authorized
by federal law, make it an infraction to knowingly and intentionally
use an unmanned aircraft or 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 specified persons, unless
the principal or the principal's designee has requested that the
person cease the operation of the unmanned aircraft or unmanned
aircraft system on the basis that the operation of the unmanned
aircraft or 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 bill would
exempt from its provisions any entity for which the Federal Aviation
Administration has authorized the use of an unmanned aircraft or
unmanned aircraft system if that unmanned aircraft or unmanned
aircraft system is operated in accordance with the terms and
conditions of that authorization. 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 or unmanned aircraft system on the grounds 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 or 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, 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, but not limited to, 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) This section does not apply to a publisher, editor, reporter,
or other person connected with or employed by a newspaper, magazine,
or other periodical publication engaged in gathering, receiving, or
processing information for communication to the public, or by a radio
or television station or network, or by a press association or wire
service, or Internet Web site affiliated with or under common
ownership of any of those entities, or any person who was so
connected or employed at the time that person operated the unmanned
aircraft or unmanned aircraft system, unless a request that the
person cease using an unmanned aircraft or 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 or unmanned aircraft
system used by the person would be disruptive of, or would interfere
with, classes or other activities of the public school program.
   (f) This section does not apply to the operation of an unmanned
aircraft or unmanned aircraft system by law enforcement.
   (g) This section does not apply to any entity for which the
Federal Aviation Administration has authorized the use of the
unmanned aircraft or unmanned aircraft system if the unmanned
aircraft or unmanned aircraft system is operated in accordance with
the terms and conditions of the authorization.
  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.