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

California Assembly Bill 1327 (Prior Session Legislation)

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

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-Introduced.html

BILL NUMBER: AB 1327	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Gorell and Bradford

                        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 introduced, 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. 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
to be subject to the specific approval of the applicable public
agency's legislative body. The bill would require the 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 reasonable public notice to be
provided by 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, or pursuant to an
order of a court.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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, 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) A law enforcement agency, without obtaining a warrant, may use
an unmanned aircraft system, or contract for the use of an unmanned
aircraft system, in emergency situations, including, but not limited
to, fires, hostage crises, and search and rescue operations on land
or water.
   (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, to block, interfere with,
or otherwise control communication or data signals of electronic
devices only if it has obtained an order of a court upon a showing of
good cause.
   (2) The requirement for a court order 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 two hours.
   (e) A public 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.
   14351.  The acquisition of an unmanned aircraft system, or a
contract for the use of an unmanned aircraft system, for purposes
authorized by this title shall be subject to the specific approval of
the applicable public agency's legislative body. The 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. In the case of a state agency,
the legislative body shall be the Legislature.
   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.
   (b) Images, footage, or data retained by a public agency shall be
open to public inspection, unless expressly exempt by law.
   14354.  (a) 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.
   (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.
   14355.  Nothing in this title is intended to conflict with or
supersede federal law, including rules and regulations of the Federal
Aviation Administration.
   14356.  "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.