Bill Text: CA AB1327 | 2013-2014 | Regular Session | Enrolled
Bill Title: Unmanned aircraft systems.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Vetoed) 2014-09-28 - Vetoed by Governor. [AB1327 Detail]
Download: California-2013-AB1327-Enrolled.html
BILL NUMBER: AB 1327 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE JUNE 19, 2014
AMENDED IN SENATE MAY 5, 2014
AMENDED IN ASSEMBLY JANUARY 23, 2014
AMENDED IN ASSEMBLY JANUARY 9, 2014
AMENDED IN ASSEMBLY APRIL 29, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
AMENDED IN ASSEMBLY APRIL 3, 2013
INTRODUCED BY Assembly Members Gorell, Bradford, and Quirk
(Principal coauthor: Assembly Member Muratsuchi)
(Principal coauthor: Senator Lieu)
(Coauthor: Assembly Member Fox)
FEBRUARY 22, 2013
An act to add Section 6254.31 to the Government Code, and to add
Title 14 (commencing with Section 14350) to Part 4 of the Penal Code,
relating to unmanned aircraft systems.
LEGISLATIVE COUNSEL'S DIGEST
AB 1327, Gorell. 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.
This bill would generally prohibit public agencies from using
unmanned aircraft systems, or contracting for the use of unmanned
aircraft systems, as defined, with certain exceptions applicable to
law enforcement agencies and in certain other cases, including when
the use or operation of the unmanned aircraft system achieves the
core mission of the agency and the purpose is unrelated to the
gathering of criminal intelligence, as defined.
The bill would require reasonable public notice to be provided by
public agencies intending to deploy unmanned aircraft systems, as
specified. The bill would require images, footage, or data obtained
through the use of an unmanned aircraft system under these provisions
to be permanently destroyed within one year, except as specified.
The bill would generally prohibit images, footage, or data obtained
through the use of an unmanned aircraft system under these provisions
from being disseminated outside the collecting public agency, except
as specified. Unless authorized by federal law, the bill would
prohibit a person or entity, including a public agency subject to
these provisions, or a person or entity under contract to a public
agency, for the purpose of that contract, from equipping or arming an
unmanned aircraft system with a weapon or other device that may be
carried by or launched from an unmanned aircraft system and that is
intended to cause bodily injury or death, or damage to, or the
destruction of, real or personal property. The bill would also
provide that specified surveillance restrictions on electronic
devices apply to the use or operation of an unmanned aircraft system
by a public agency.
The bill would make its provisions applicable to all public and
private entities when contracting with a public agency for the use of
an unmanned aircraft system.
Existing law, the California Public Records Act, requires state
and local agencies to make public records available for inspection,
subject to certain exceptions.
This bill would make certain images, footage, or data obtained
through the use of an unmanned aircraft system under its provisions,
or any related record, including, but not limited to, usage logs or
logs that identify any person or entity that subsequently obtains or
requests records of that system, subject to disclosure. The bill
would except from the disclosure requirements discussed above images,
footage, data, and records obtained through the use of an unmanned
aircraft system if disclosure would endanger the safety of a person
involved in an investigation, or would endanger the successful
completion of the investigation.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6254.31 is added to the Government Code, to
read:
6254.31. (a) Notwithstanding any provision of this chapter,
images, footage, or data obtained through the use of an unmanned
aircraft system pursuant to Title 14 (commencing with Section 14350)
of Part 4 of the Penal Code, or any related record, including, but
not limited to, usage logs or logs that identify any person or entity
that subsequently obtains or requests records of that system, are
public records subject to disclosure.
(b) Notwithstanding subdivision (a), nothing in this chapter or
any other law requires the disclosure of images, footage, or data
obtained through the use of an unmanned aircraft system, or any
related record, including, but not limited to, usage logs or logs
that identify any person or entity that subsequently obtains or
requests records of that system, to the extent that disclosure of the
images, footage, data, or records would endanger the safety of a
person involved in an investigation, or would endanger the successful
completion of the investigation.
SEC. 2. Title 14 (commencing with Section 14350) is added to Part
4 of the Penal Code, to read:
TITLE 14. UNMANNED AIRCRAFT SYSTEMS
14350. (a) A public agency shall not use an unmanned aircraft
system, or contract for the use of an unmanned aircraft system,
except as provided in this title. This title shall apply to all
public and private entities when contracting with a public agency for
the use of an unmanned aircraft system.
(b) A law enforcement agency may use an unmanned aircraft system
if it has obtained a warrant based on probable cause pursuant to this
code.
(c) A law enforcement agency, without obtaining a warrant, may use
an unmanned aircraft system in all of the following circumstances:
(1) In emergency situations if there is an imminent threat to life
or of great bodily harm, including, but not limited to, fires,
hostage crises, "hot pursuit" situations if reasonably necessary to
prevent harm to law enforcement officers or others, and search and
rescue operations on land or water.
(2) To assess the necessity of first responders in situations
relating to traffic accidents.
(3) (A) To inspect state parks and wilderness areas for illegal
vegetation or fires.
(B) For purposes of this paragraph, "wilderness areas" means
public lands without permanent improvements or human habitation.
(4) To determine the appropriate response to an imminent or
existing environmental emergency or disaster, including, but not
limited to, oils spills or chemical spills.
(d) A public agency other than a law enforcement agency may use an
unmanned aircraft system, or contract for the use of an unmanned
aircraft system, to achieve the core mission of the agency provided
that the purpose is unrelated to the gathering of criminal
intelligence.
(e) A public agency that is not primarily a law enforcement
agency, but that employs peace officers or performs functions related
to criminal investigations, may use an unmanned aircraft system
without obtaining a warrant to achieve the core mission of the agency
provided that the purpose is unrelated to the gathering of criminal
intelligence, and that the images, footage, or data are not used for
any purpose other than that for which it was collected.
14351. A public agency that uses an unmanned aircraft system, or
contracts for the use of an unmanned aircraft system, pursuant to
this title shall first provide reasonable notice to the public.
Reasonable notice shall, at a minimum, consist of a one-time
announcement regarding the agency's intent to deploy unmanned
aircraft system technology and a description of the technology's
capabilities.
14352. (a) (1) (A) Except as permitted by this title, images,
footage, or data obtained by a public agency, or any entity
contracting with a public agency, pursuant to this title shall not be
disseminated to a law enforcement agency unless the law enforcement
agency has obtained a warrant for the images, footage, or data based
on probable cause pursuant to this code, or the law enforcement
agency would not have been required to obtain a warrant to collect
the images, footage, or data itself, as specified in Section 14350.
(B) A public agency that is not primarily a law enforcement
agency, but that employs peace officers or performs functions related
to criminal investigations, may disseminate images, footage, or data
collected pursuant to Section 14350 if the dissemination is to
others within that agency.
(2) Except as permitted by this title, images, footage, or data
obtained by a public agency, or any entity contracting with a public
agency, through the use of an unmanned aircraft system shall not be
disseminated outside the collecting public agency, unless one of the
following circumstances applies:
(A) Images, footage, or data obtained by a public agency through
the use of an unmanned aircraft system may be disseminated to another
public agency that is not a law enforcement agency if the images,
footage, or data are related to the core mission of both public
agencies involved in the sending or receiving of the images, footage,
or data.
(B) Images, footage, or data obtained by a public agency through
the use of an unmanned aircraft system may be disseminated outside
the collecting public agency if the images, footage, or data are
evidence in any claim filed or any pending litigation.
(C) Images, footage, or data obtained by a public agency through
the use of an unmanned aircraft system may be disseminated to a
private entity if both of the following conditions are satisfied:
(i) The collecting public agency is not a law enforcement agency.
(ii) The images, footage, or data are related to the core function
of the collecting public agency.
(3) A public agency may make available to the public images,
footage, or data obtained by the public agency through the use of an
unmanned aircraft system if both of the following conditions are
satisfied:
(A) The images, footage, or data do not depict or describe any
individual or group of individuals, or the activities of any
individual or group of individuals whose identity or identities can
be ascertained.
(B) The disclosure of the images, footage, or data is required to
fulfill the public agency's statutory or mandatory obligations.
(b) Except as permitted by this title, images, footage, or data
obtained by a public agency through the use of an unmanned aircraft
system shall not be used by the public agency for any purpose other
than that for which it was collected.
(c) (1) Images, footage, or data obtained through the use of an
unmanned aircraft system shall be permanently destroyed within one
year, except that a public agency may retain the images, footage, or
data in all of the following circumstances:
(A) For training purposes. Images, footage, or data retained for
training purposes shall be used only for the education and
instruction of a public agency's employees in matters related to the
mission of the public agency and for no other purpose.
(B) For academic research or teaching purposes. Images, footage,
or data retained for academic research or teaching purposes shall be
used only for the advancement of research and teaching conducted by
an academic or research institution and matters related to the
mission of the institution and for no other purpose.
(C) For purposes of monitoring material assets owned by the public
agency.
(D) For environmental, public works, or land use management or
planning by the public agency.
(2) Notwithstanding paragraph (1), a public agency may retain
beyond one year images, footage, or data obtained through the use of
an unmanned aircraft system in both of the following circumstances:
(A) If a warrant authorized the collection of the images, footage,
or data.
(B) If the images, footage, or data are evidence in any claim
filed or any pending litigation or enforcement proceeding.
14353. Unless authorized by federal law, a person or entity,
including a public agency subject to Section 14350 or a person or
entity under contract to a public agency, for the purpose of that
contract, shall not equip or arm an unmanned aircraft system with a
weapon or other device that may be carried by or launched from an
unmanned aircraft system and that is intended to cause bodily injury
or death, or damage to, or the destruction of, real or personal
property.
14354. All unmanned aircraft systems shall be operated so as to
minimize the collection of images, footage, or data of persons,
places, or things not specified with particularity in the warrant
authorizing the use of an unmanned aircraft system, or, if no warrant
was obtained, for purposes unrelated to the justification for the
operation.
14355. (a) This title is not intended to conflict with or
supersede federal law, including rules and regulations of the Federal
Aviation Administration.
(b) A local legislative body may adopt more restrictive policies
on the acquisition or use of unmanned aircraft systems.
14356. For the purposes of this title, the following definitions
shall apply:
(a) "Criminal intelligence" means information compiled, analyzed,
or disseminated in an effort to anticipate, prevent, monitor, or
investigate criminal activity.
(b) "Law enforcement agency" means the Attorney General of the
State of California, each district attorney, and each agency of the
State of California authorized by statute to investigate or prosecute
law violators.
(c) "Public agency" means and includes each state agency and each
local agency.
(d) "Unmanned aircraft system" means an unmanned aircraft and
associated elements, including 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.
14357. Except as provided in this title, the surveillance
restrictions on electronic devices described in Chapter 1.5
(commencing with Section 630) of Title 15 of Part 1 shall apply to
the use or operation of an unmanned aircraft system by a public
agency.
SEC. 3. The Legislature finds and declares that Section 1 of this
act, which adds Section 6254.31 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to ensure the safety of persons involved in
investigations and to preserve the integrity of those investigations,
it is necessary that this act take effect.
