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

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  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 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,   and to add Section 6254.31 to the Government
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   6 months  , except  for
training purposes, as specified, or pursuant to an order of a court.
The   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  may   is intended to
 cause bodily injury or death, or damage to, or the destruction
of, real or personal property.
   The bill would make the restrictions that are applicable to the
use of an unmanned aircraft system by a law enforcement agency also
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. 

   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 images, footage, or data obtained through the
use of an unmanned aircraft system under its provisions, or any
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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   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.  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 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 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 to assess the necessity of first
responders in situations relating to traffic accidents  or
  ,  to inspect state parks  and wilderness
areas  for illegal vegetation  , or fires  . 
   (d) (1) Except as otherwise provided in paragraph (2), a law
enforcement agency may use 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 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.
 
   (e) 
    (d)  (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  achieve  the
 core  mission of the agency  or for the purpose of
detecting oil spills   provided that the purpose is
unrelated to the gathering of criminal intelligence  . 
   (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.  
   (2) Except as permitted by this title and when a law enforcement
agency is not required to obtain a warrant as specified in this
title, data collected pursuant to this subdivision shall not be
disseminated to a law enforcement agency unless the agency has
obtained a warrant for the data based on 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.   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.
    14353.   14352.  (a)  Images,
  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
agency, and shall not be used  by the agency  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   six
months  , except  if retained   that a
public agency may retain the images, footage, or data  for
training purposes  or if   and shall retain any
image, footage, or data if  a warrant authorized  its 
collection  of or access to   or if  the
images, footage, or data  are evidence in any claim filed or any
pending litigation  . 
   (b) (1) Images, footage, or data retained by a public agency shall
be open to public inspection, unless expressly exempt by law.
 
   (2) 
    (b)  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 law enforcement agency shall only view data gathered by
a person or 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.
 
   14354.5.  A 
    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  may
  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) 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   A local legislative body may adopt  more
restrictive policies on the  acquisition or  use of
unmanned aircraft  systems for the protection of a person's
privacy.   systems. 
   14356.   As used in   For the purposes of
 this title,  "unmanned   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.  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. 
   SEC. 2.    Section 6254.31 is added to the  
Government Code   , to read:  
   6254.31.  Notwithstanding any provision of this chapter, images,
footage, or data obtained through the use of an unmanned aircraft
system pursuant to subdivisions (c) or (d) of Section 14350 of the
Penal Code, or any 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, is subject to disclosure. 

   
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