Bill Text: CA SB170 | 2015-2016 | Regular Session | Amended

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

---

Bill Title: Unmanned aircraft systems: correctional facilities.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB170 Detail]

Download: California-2015-SB170-Amended.html

---

BILL NUMBER: SB 170	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2015
	AMENDED IN SENATE  MARCH 11, 2015

INTRODUCED BY   Senator Gaines

                        FEBRUARY 5, 2015

   An act to add Sections  4577, 4578, and 4579 
 4577 and 4578  to the Penal Code, relating to unmanned
aircraft systems.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 170, as amended, 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 uses an unmanned aircraft
system, as defined, to commit a violation of those provisions,
 guilty of a felony, and would require   subject
to  the imposition of a sentence of one year of imprisonment
 or a doubled fine, as specified,  in addition to any other
penalty provided by law.
   This bill would make a person who knowingly and intentionally
operates an unmanned aircraft system below the navigable airspace
overlaying a state prison  or a jail  guilty of a
misdemeanor.  The bill would also make a person who knowingly
and intentionally captures images or data of a state prison through
the operation of an unmanned aircraft system 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  . 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) (1) When a person uses an unmanned aircraft system to
commit a violation of this chapter,  the person is guilty of
a felony and   excluding Section 4575 or 4576,  a
sentence of one year of imprisonment shall be imposed in addition to
any other penalty provided by law. 
   (2) When a person uses an unmanned aircraft system to commit a
violation of Section 4575 or 4576, the maximum or prescribed amounts
of fines for offenses in those sections shall be doubled in addition
to any other penalty provided by law.  
   (2) 
    (3)  This subdivision does not apply to a violation of
Section 4578 or 4579.
   (b) For purposes of this chapter, 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.  Section 4578 is added to the Penal Code, to read:
   4578.  (a) Except as provided in  subdivision (b),
  subdivisions (b) and (c),  a person who knowingly
and intentionally operates an unmanned aircraft system below the
navigable airspace, as defined in Section 42102 of Title 49 of the
United States Code, overlaying 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.
 
  SEC. 3.    Section 4579 is added to the Penal
Code, to read:
   4579.  (a) Except as provided in subdivision (b), a person who
knowingly and intentionally captures images or data of a state prison
through the operation of an unmanned aircraft system is guilty of a
misdemeanor.
   (b) This section does not apply to a person employed by the prison
who captures images or data of a state prison through the operation
of an 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 capture images or
data of a state prison through the operation of an unmanned aircraft
system. 
   SEC. 4.  SEC. 3.   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.