BILL NUMBER: SB 811	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        JANUARY 4, 2016

   An act to add Section 4577 to the Penal Code, relating to unmanned
aircraft systems.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 4577 is added to the Penal Code, to read:
   4577.  (a) Except as provided in subdivisions (b), (c), and (d), a
person who knowingly and intentionally operates an unmanned aircraft
system on or above the grounds of a state prison or a jail is guilty
of a misdemeanor.
   (b) This section does not apply to a person employed by the prison
who operates the unmanned aircraft system within the scope of his or
her employment, or a person who receives prior permission from the
Department of Corrections and Rehabilitation to operate the unmanned
aircraft system over the prison.
   (c) This section does not apply to a person employed by the jail
who operates the unmanned aircraft system within the scope of his or
her employment, or a person who receives prior permission from the
county sheriff to operate the unmanned aircraft system over the jail.

   (d) This section does not apply to any entity for which the
Federal Aviation Administration has authorized the use of the
unmanned aircraft system and the unmanned aircraft system is operated
in accordance with the terms and conditions of the authorization.
   (e) For purposes of this section, the following definitions apply:

   (1) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
   (2) "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.
  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.