Bill Text: CA AB1327 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1327	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  APRIL 18, 2013
	AMENDED IN ASSEMBLY  APRIL 3, 2013

INTRODUCED BY   Assembly Members Gorell and Bradford
   (Principal coauthor: Assembly Member Muratsuchi)
   (Coauthor: Assembly Member Fox)

                        FEBRUARY 22, 2013

   An act 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, as amended, 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  , and would
  generally require   a warrant for the use of an
unmanned aircraft system by law enforcement to block or interfere
with electronic communications, as specified, with certain exceptions
 . The bill would require the acquisition of an unmanned
aircraft system, or a contract for the use of an unmanned aircraft
system, for authorized purposes by a local public agency to be
subject to the specific approval of the applicable local public
agency's legislative body. The bill would require a local legislative
body, in approving the acquisition or purchase, to also adopt
policies governing the use and deployment of the unmanned aircraft
system. The bill would require a state agency that uses an unmanned
aircraft system, or contracts for the use of an unmanned aircraft
system, to provide, no later than January 1 of each year, an annual
report to the Governor that includes, but is not limited to, the
agency's acquisitions, purchases, rentals, or leases of unmanned
aircraft systems.
   Because this bill would expand the duties of local law enforcement
officials and local public officials and the scope of existing
investigatory activities, the bill would impose a state-mandated
local program.
   The bill would authorize the Department of Forestry and Fire
Protection (CAL-FIRE) to use unmanned aircraft systems, or contract
for the use of unmanned aircraft systems, for fire-related
activities. 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 10 days, except
 to the extent required as evidence of a crime, part of an
ongoing investigation of a crime, or  for training purposes,
as specified, or pursuant to an order of a court. 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 may
cause bodily injury or death, or damage to, or the destruction of,
real or personal property. 
   This bill would also prohibit a person or entity, other than a
public agency subject to the above provisions or a person or entity
under contract to a public agency, for the purpose of that contract,
from using an unmanned aircraft system, or contracting for the use of
an unmanned aircraft system, for the purpose of surveillance of
another person without that person's consent. The bill would provide
that a person who is subject to surveillance without consent may seek
and obtain an injunction prohibiting the use of images, footage, or
data related to the person that was obtained through the
surveillance, and would provide for the awarding of liquidated
damages of five thousand dollars ($5,000) for each day of
surveillance and any actual damages in excess of that amount. The

    The  bill would  require that  
make  the restrictions  that apply   that
are applicable  to the use of an unmanned aircraft system by a
law enforcement agency also  apply   applicable
 to any person, entity, or public agency that uses, operates, or
contracts for an unmanned aircraft system.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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.  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.
   (b) A law enforcement agency may use an unmanned aircraft 
system, or contract for the use of an unmanned aircraft system,
  system  if it has a reasonable expectation that
the unmanned aircraft system will collect evidence relating to
criminal activity and if it has obtained a warrant based on probable
cause pursuant to this code.
   (c) (1) A law enforcement agency, without obtaining a warrant, may
use an unmanned aircraft  system, or contract for the use of
an unmanned aircraft system,   system  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) A law enforcement agency, without obtaining a warrant, may use
an unmanned aircraft  system, or contract for the use of an
unmanned aircraft system, to conduct traffic accident investigations
  system to assess the necessity of first responders in
situations relating to traffic accidents  or to inspect state
parks for illegal vegetation.
   (d) (1) Except as otherwise provided in paragraph (2), a law
enforcement agency may use an unmanned aircraft  system, or
contract for the use of an unmanned aircraft system,  
system  to block, interfere with, or otherwise control
communication or data signals of electronic devices only if it has
obtained an order  of a court pursuant to Section 2518 of
Title 18 of the United States Code.   signed by a
judicial officer obtained prior to the interruption and consistent
with the following:  
   (A) The order shall include all of the following:  
   (i) That probable cause exists that the service is being or will
be used for an unlawful purpose or to assist in a violation of the
law.  
   (ii) That absent immediate and summary action to interrupt
communications service, serious, direct, immediate, and irreparable
danger to public safety will result.  
   (iii) That the interruption of communications service is narrowly
tailored to prevent unlawful infringement of speech that is protected
by the First Amendment to the United States Constitution, or Section
2 of Article I of the California Constitution, or a violation of any
other rights under federal or state law.  
   (B) The order shall clearly describe the specific communications
service to be interrupted with sufficient detail as to customer, cell
sector, central office, or geographical area affected, shall be
narrowly tailored to the specific circumstances under which the order
is made, and shall not interfere with more communication than is
necessary to achieve the purposes of the order.  
   (C) The order shall authorize an interruption of service only for
as long as is reasonably necessary and shall require that the
interruption cease once the danger that justified the interruption is
abated and shall specify a process to immediately serve notice on
the communications service provider to cease the interruption. 

   (2) A law enforcement agency shall not use an unmanned aircraft
system to block, interfere with, or otherwise control communication
or data signals of electronic devices without a court order except
pursuant to this paragraph.  
   (A) If a government entity reasonably determines that an extreme
emergency situation exists that involves immediate danger of death
and there is insufficient time, with due diligence, to first obtain a
court order, the government entity may interrupt communications
service without first obtaining a court order as otherwise required
by this section, provided that the interruption meets the grounds for
issuance of a court order pursuant to paragraph (1) and that the
entity does all of the following:  
   (i) Apply for a court order without delay, and in no event, later
than two hours after commencement of an interruption of
communications service.  
   (ii) Provide to the provider of communications service involved in
the service interruption a statement of intent, signed by an
authorized official of the governmental entity, to apply for a court
order. The statement of intent shall clearly describe the extreme
emergency circumstances, and the specific communications service to
be interrupted with sufficient detail as to the customer, cell
sector, central office, or geographical area affected.  
   (iii) Provide conspicuous notice of the application for a court
order authorizing the communications service interruption on its
Internet Web site without delay, unless the circumstances that
justify interruption of communications service without first
obtaining a court order to justify not providing the notice. 

   (2) The requirement for a court order pursuant to paragraph (1)
shall not apply in circumstances involving an imminent threat to
persons or property, provided that the unmanned aircraft system is
deployed for a maximum duration not to exceed six hours. 
   (e) (1) 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, for the purposes of geological
inspections related to the mission of the agency or for the purpose
of detecting oil spills.
   (2) CAL-FIRE may use unmanned aircraft systems, or contract for
the use of unmanned aircraft systems, for fire-related activities.

   (3) Data collected pursuant to this subdivision shall not be
disseminated outside the collecting agency or provided to a law
enforcement agency unless the agency has obtained a warrant for the
data based upon probable cause pursuant to this code. 
   14351.  (a) The acquisition of an unmanned aircraft system, or a
contract for the use of an unmanned aircraft system, for purposes
authorized by this title by a local public agency shall be subject to
the specific approval of the applicable local public agency's
legislative body. The local legislative body, in approving the
acquisition or purchase, shall also adopt policies governing the use
and deployment of the unmanned aircraft system, consistent with this
title.
   (b) A state agency that uses an unmanned aircraft system, or
contracts for the use of an unmanned aircraft system, shall provide,
no later than January 1 of each year, an annual report to the
Governor that includes, but is not limited to, the agency's
acquisitions, purchases, rentals, or leases of unmanned aircraft
systems  and a description of each instance in which the unmanned
aircraft system was deployed, including the purpose of the
deployment and whether a warrant was obtained  .
   14352.  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.
   14353.  (a) Images, footage, or data obtained by a public agency
 through the use of an unmanned aircraft system authorized
pursuant to this title shall be permanently destroyed within 10 days,
except to the extent required as evidence of a crime, part of an
ongoing investigation of a crime, or for training purposes, or
pursuant to an order of a court.   , or any entity
contracting with a public agency, through the use of an unmanned
aircraft system shall not be disseminated outside the collecting
agency, and shall not be used for any purpose other than that for
which it was   collected. Images, footage, or data obtained
through the use of an unmanned aircraft system shall be permanently
destroyed within 10 days, except if retained for training purposes or
if a warrant authorized collection of or access to the images,
footage, or data. 
   (b) (1) Images, footage, or data retained by a public agency shall
be open to public inspection, unless expressly exempt by law.
   (2) Images, footage, or data retained for training purposes shall
be used only for the education and instruction of an agency's
employees  in matters related to the mission of the agency 
and for no other purpose. 
   14354.  (a) (1) A person or entity, other than 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 use an
unmanned aircraft system, or contract for the use of an unmanned
aircraft system, for the purpose of surveillance of another person
without that person's consent.


   (2) 
    14354.   A law enforcement agency shall only view data
gathered by a person or entity, other than a public agency
subject to Section 14350,   entity using an unmanned
aircraft system,  or a person under contract to a public agency,
if the law enforcement agency has obtained a warrant or has the
permission or approval of that person or entity, or person under
contract to a public agency, provided that the data gathered by the
person or entity was lawfully obtained. 
   (b) A person who is subject to surveillance without consent may
seek and obtain an injunction prohibiting the use of images, footage,
or data related to the person that was obtained through the
surveillance. The person shall also be awarded liquidated damages of
five thousand dollars ($5,000) for each day of surveillance and any
actual damages in excess of that amount. 
   14354.5.  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 may
cause bodily injury or death, or damage to, or the destruction of,
real or personal property. 
   14354.7.  The restrictions on the use of an unmanned aircraft
system by a law enforcement agency shall apply to any person, entity,
or public agency that uses, operates, or contracts for an unmanned
aircraft system. 
   14355.  (a) Nothing in this title is intended to conflict with or
supersede federal law, including rules and regulations of the Federal
Aviation Administration.
   (b) Nothing in this title prohibits a local agency from adopting
more restrictive policies on the use of unmanned aircraft systems for
the protection of a person's privacy.
   14356.  As used in this title, "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.  As used in this title, "surveillance" means the monitoring
of persons, places, or events by any means of electronic technology,
including, but not limited to, interception, overt or covert
observations, photography, or the use of any tracking device.
 
   14357.  The surveillance restrictions on electronic devices
pursuant to Chapter 1.5 (commencing with Section 630) of Title 15 of
Part 1 shall apply to unmanned aircraft systems. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.