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  JANUARY 23, 2014
	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
  , Bradford,   and Quirk 
   (Principal coauthor: Assembly Member Muratsuchi)
   (Coauthor: Assembly Member Fox)

                        FEBRUARY 22, 2013

   An act to add  Section 6254.31 to the Government Code, and 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.
   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 6 months, except 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 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.
   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: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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, are public records subject to
disclosure. 
   SECTION 1.   SEC. 2.   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 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, to inspect
state parks and wilderness areas for illegal vegetation, or fires.
   (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, to achieve the core mission of the agency
provided that the purpose is unrelated to the gathering of criminal
intelligence.
   (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 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.
   14352.  (a) 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 six
months, except that a public agency may retain the images, footage,
or data for training purposes and shall retain any image, footage, or
data if a warrant authorized its collection or if the images,
footage, or data are evidence in any claim filed or any pending
litigation.
   (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.
   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 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   This 
title is  not  intended to conflict with or supersede
federal law, including rules and regulations of the Federal Aviation
Administration.
   (b) A local legislative body may adopt more restrictive policies
on the acquisition or use of unmanned aircraft systems.
   14356.  For the purposes of this title, 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.    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.