SB 811, as introduced, Gaines. Unmanned aircraft systems: correctional facilities.
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 prohibits a person from bringing, possessing, distributing, or selling certain devices and substances, including, among other things, alcoholic beverages, controlled substances, and deadly weapons, in state prison or a jail. Existing law also prohibits unauthorized communication with inmates in state prison or a jail. Existing law provides criminal penalties for violations of these provisions.
This bill would make a person who knowingly and intentionally operates an unmanned aircraft system on or above the grounds of a state prison or a jail guilty of a misdemeanor. The bill would make these misdemeanor provisions inapplicable to a person employed by the prison or jail acting within the scope of his or her employment, or a person who receives prior permission from the Department of Corrections and Rehabilitation or the county sheriff. The bill would also make these misdemeanor provisions inapplicable to any entity that is authorized by the Federal Aviation Administration to use an unmanned aircraft system and operates it in accordance with the terms and conditions of the 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 4577 is added to the Penal Code, to read:
(a) Except as provided in subdivisions (b), (c), and (d),
3a person who knowingly and intentionally operates an unmanned
4aircraft system on or above the grounds of a state prison or a jail
5is guilty of a misdemeanor.
6(b) This section does not apply to a person employed by the
7prison who operates the unmanned aircraft system within the scope
8of his or her employment, or a person who receives prior
9permission from the Department of Corrections and Rehabilitation
10to operate the unmanned aircraft system over the prison.
11(c) This section does not apply to a person employed by the jail
12who operates the unmanned aircraft system within the scope of
13his or her employment, or a person who receives prior permission
14from the county sheriff to operate the unmanned aircraft
system
15over the jail.
16(d) This section does not apply to any entity for which the
17Federal Aviation Administration has authorized the use of the
18unmanned aircraft system and the unmanned aircraft system is
19operated in accordance with the terms and conditions of the
20authorization.
21(e) For purposes of this section, the following definitions apply:
22(1) “Unmanned aircraft” means an aircraft that is operated
23without the possibility of direct human intervention from within
24or on the aircraft.
P3 1(2) “Unmanned aircraft system” means an unmanned aircraft
2and associated elements, including, but not limited to,
3communication links and the components that control the
4unmanned aircraft that are required for the pilot in command to
5operate safely and efficiently in the national airspace system.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.
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