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

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-Amended.html
BILL NUMBER: AB 1327	AMENDED
	BILL TEXT

	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. 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  CAL-FIRE   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 bill would require that the restrictions that apply to the use of
an unmanned aircraft system by a law enforcement agency also apply
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, 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, in emergency situations, including, but not
limited to, fires, hostage crises, "hot pursuit" situations, 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 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, 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   pursuant to Section 2518 of
Title 18 of the United States Code  .
   (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 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.
   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.
   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)  (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 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) A law enforcement agency shall only view data gathered by a
person or entity, other than a public agency subject to Section
14350, 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.   "Unmanned aircraft system"   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. 
  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.