Bill Text: CA AB2320 | 2015-2016 | Regular Session | Enrolled
Bill Title: Unmanned aircraft systems.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2016-09-29 - Vetoed by Governor. [AB2320 Detail]
Download: California-2015-AB2320-Enrolled.html
BILL NUMBER: AB 2320 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY MAY 4, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Members Calderon and Low
FEBRUARY 18, 2016
An act to amend Sections 273.6, 402, 646.9, and 4573.5 of, and to
add Section 290.97 to, the Penal Code, relating to unmanned aircraft
systems.
LEGISLATIVE COUNSEL'S DIGEST
AB 2320, Calderon. Unmanned aircraft systems.
(1) Existing federal law, the Federal Aviation Administration
Modernization and Reform Act of 2012, provides for the integration of
civil and public unmanned aircraft systems, commonly known as
drones, into the national airspace system.
Existing state law generally authorizes a court to issue an order
for the protection of certain persons, including, among others, the
victims of domestic violence, elder and dependent adult abuse,
workplace violence, and civil harassment. Under existing law, an
intentional and knowing violation of those types of protective orders
is a misdemeanor. If the violation results in physical injury, or
occurs within specified time periods of a previous violation,
existing law imposes additional penalties. Existing law also makes
the crime of stalking another person, as defined, punishable as a
misdemeanor or felony. Existing law makes it a felony to commit that
offense when there is a temporary restraining order, injunction, or
any other court order in effect prohibiting the behavior.
This bill would specifically prohibit a person who is prohibited
from coming within a specified distance of another person, from
operating an unmanned aircraft system in a way that causes an
unmanned aircraft, as those terms are defined, to fly within the
prohibited distance of the other person or from capturing images of
the other person by using an unmanned aircraft system. By creating a
new crime, the bill would impose a state-mandated local program.
(2) Existing law requires a person who has been convicted of
specified sex offenses to register with local law enforcement
authorities as a sex offender.
This bill would specifically authorize a judge to order a person
required to register pursuant to those provisions for an offense
committed on or after January 1, 2017, to not operate an unmanned
aircraft system if the judge finds that restriction is in the public
interest. Because a violation of that provision would be a crime, the
bill would impose a state-mandated local program.
(3) Existing law provides that every person who goes to the scene
of an emergency or stops at the scene of an emergency for the purpose
of viewing the scene or the activities of police officers,
firefighters, emergency medical or other emergency personnel, or
military personnel coping with the emergency in the course of their
duties during the time it is necessary for emergency vehicles or
those personnel to be at the scene of the emergency or to be moving
to or from the scene of the emergency for the purpose of protecting
lives or property, unless it is part of the duties of that person's
employment to view that scene or activities, and thereby impedes
police officers, firefighters, emergency medical or other emergency
personnel, or military personnel in the performance of their duties
in coping with the emergency, is guilty of a misdemeanor.
This bill would also make the operation or use of an unmanned
aircraft system, that is at the scene of an emergency, regardless of
the operator's location, punishable as a misdemeanor. By expanding
the scope of a crime, this bill would impose a state-mandated local
program.
(4) Existing law makes a person who willfully, maliciously, and
repeatedly follows or willfully and maliciously harasses another
person and who makes a credible threat with the intent to place that
person in reasonable fear for his or her safety, or the safety of his
or her immediate family, guilty of the crime of stalking, punishable
as a misdemeanor or a felony.
This bill would specifically include, for purposes of these
provisions, the operation or use of an unmanned aircraft system in
the definition of a person.
(5) Existing law makes a person who knowingly brings into certain
correctional facilities or certain other places where prisoners or
inmates of those facilities are located, any alcoholic beverage, any
drugs, other than controlled substances, in any manner, shape, form,
dispenser, or container, or any device, contrivance, instrument, or
paraphernalia intended to be used for unlawfully injecting or
consuming any drug other than controlled substances, without having
authority so to do by the rules of the correctional facility, guilty
of a felony.
This bill would specifically include, for purposes of these
provisions, the operation or use of an unmanned aircraft system in
the definition of a person.
(6) The bill would make related legislative findings and
declarations.
(7) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Federal Aviation Act of 1958 established the Federal
Aviation Administration (FAA) and made the FAA responsible for the
control and use of navigable airspace within the United States.
(b) The FAA regulates unmanned aircraft systems, also known as
drones.
(c) Public entities, including law enforcement agencies,
firefighter units, border and port patrols, disaster relief workers,
search and rescue personnel, qualifying public universities, military
training facilities, and other government operational mission units,
may operate unmanned aircraft systems by applying for a Certificate
of Waiver or Authorization from the FAA.
(d) The FAA is in the process of developing rules that are
intended to safely integrate small unmanned aircraft systems into the
national airspace system and that, following issuance of a notice of
proposed rulemaking and public comment period, are expected to be
released in 2016 or 2017.
(e) The small unmanned aircraft system rules are anticipated to be
similar to the current hobbyist rules for operations of model
unmanned aircraft systems that limit the area of operation to
low-risk and controlled environments and the size of the system to
less than 55 pounds.
(f) While the FAA is developing the small unmanned aircraft system
rules, private commercial entities on a company-by-company basis may
apply to the FAA for a Section 333 exemption from the current rules
for manned aircraft by showing that the entity operates with at least
an equivalent level of safety. The FAA has granted over 1,900
Section 333 exemptions to date for the commercial operation of
unmanned aircraft systems in the photography, film, utilities,
energy, infrastructure, real estate, agricultural, and construction
industries.
(g) In addition to being used in military training and operations
and public safety areas, unmanned aircraft systems may be used in a
wide variety of activities, including oil and natural gas pipeline
inspection, transportation, natural disaster aid, search and rescue,
precision agriculture, natural resource and environmental protection,
bridge and infrastructure inspection, public utility support,
construction and building inspection, surveying, golf course
marketing, wind turbine inspection, realtor marketing photography,
and prison monitoring.
(h) While the public has expressed concerns with the operation of
unmanned aircraft systems, including privacy and safety issues, there
are benefits that may be realized by the state, including the state'
s various industry sectors, from conducting research on unmanned
aircraft systems in the state and developing, manufacturing, and
operating unmanned aircraft systems in the state.
(i) The FAA has warned that a "patchwork quilt" of inconsistent
regulation raises substantial safety concerns, impedes innovation,
and makes it virtually impossible for end-users to understand the
rules for operating unmanned aircraft systems.
SEC. 2. Section 273.6 of the Penal Code is amended to read:
273.6. (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of
Civil Procedure, or Section 15657.03 of the Welfare and Institutions
Code, is a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
(b) A violation of subdivision (a) that results in physical
injury, shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than 30 days nor more than one year, or by both that fine and
imprisonment. However, if the person is imprisoned in a county jail
for at least 48 hours, the court may, in the interest of justice and
for reasons stated on the record, reduce or eliminate the 30-day
minimum imprisonment required by this subdivision. In determining
whether to reduce or eliminate the minimum imprisonment pursuant to
this subdivision, the court shall consider the seriousness of the
facts before the court, whether there are additional allegations of a
violation of the order during the pendency of the case before the
court, the probability of future violations, the safety of the
victim, and whether the defendant has successfully completed or is
making progress with counseling.
(c) Subdivisions (a) and (b) shall apply to the following court
orders:
(1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
(2) An order excluding one party from the family dwelling or from
the dwelling of the other.
(3) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the order described in
subdivision (a).
(4) Any order issued by another state that is recognized under
Part 5 (commencing with Section 6400) of Division 10 of the Family
Code.
(d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or pursuant to
subdivision (h) of Section 1170.
(e) A subsequent conviction for a violation of an order described
in subdivision (a) for an act occurring within one year of a prior
conviction for a violation of an order described in subdivision (a)
that results in physical injury to a victim, shall be punished by a
fine of not more than two thousand dollars ($2,000), or by
imprisonment in a county jail for not less than six months nor more
than one year, by both that fine and imprisonment, or by imprisonment
pursuant to subdivision (h) of Section 1170. However, if the person
is imprisoned in a county jail for at least 30 days, the court may,
in the interest of justice and for reasons stated in the record,
reduce or eliminate the six-month minimum imprisonment required by
this subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
(f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
(g) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6, 527.8, or
527.85 of the Code of Civil Procedure, or Section 15657.03 of the
Welfare and Institutions Code, shall be punished under Section 29825.
(2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (f) of
Section 527.9 of the Code of Civil Procedure, or subdivision (h) of
Section 6389 of the Family Code.
(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose
probation consistent with Section 1203.097, and the conditions of
probation may include, in lieu of a fine, one or both of the
following requirements:
(1) That the defendant make payments to a battered women's shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
(i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay. An order to make payments to a battered
women's shelter shall not be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. If the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
(j) (1) This subdivision applies to a person who is both of the
following:
(A) The person is subject to a protective order, as defined in
Section 6218 of the Family Code, or a protective order issued
pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code of
Civil Procedure, or Section 15657.03 of the Welfare and Institutions
Code.
(B) The person is prohibited by the protective order described in
subparagraph (A) from coming within a specified distance of another
person.
(2) A person described in paragraph (1) shall not do either of the
following:
(A) Operate an unmanned aircraft system in a way that causes an
unmanned aircraft to fly within the prohibited distance of the other
person.
(B) Capture images of the other person by using an unmanned
aircraft system.
(3) A violation of paragraph (2) is a violation of the protective
order.
(4) For the purposes of this subdivision, the following
definitions apply:
(A) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
(B) "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. 3. Section 290.97 is added to the Penal Code, to read:
290.97. (a) A judge may order a person required to register
pursuant to this chapter for an offense committed on or after January
1, 2017, to not operate an unmanned aircraft system if the judge
finds that restriction is in the public interest.
(b) For purposes of this section, both of 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. 4. Section 402 of the Penal Code is amended to read:
402. (a) (1) A person who goes to the scene of an emergency, or
stops at the scene of an emergency, for the purpose of viewing the
scene or the activities of police officers, firefighters, emergency
medical, or other emergency personnel, or military personnel coping
with the emergency in the course of their duties during the time it
is necessary for emergency vehicles or those personnel to be at the
scene of the emergency or to be moving to or from the scene of the
emergency for the purpose of protecting lives or property, unless it
is part of the duties of that person's employment to view that scene
or those activities, and thereby impedes police officers,
firefighters, emergency medical, or other emergency personnel or
military personnel, in the performance of their duties in coping with
the emergency, is guilty of a misdemeanor.
(2) For purposes of this subdivision, a person includes a person,
regardless of his or her location, who operates or uses an unmanned
aircraft system that is at the scene of an emergency. For purposes of
this paragraph, both of the following definitions apply:
(A) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
(B) "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.
(b) A person who knowingly resists or interferes with the lawful
efforts of a lifeguard in the discharge or attempted discharge of an
official duty in an emergency situation, when the person knows or
reasonably should know that the lifeguard is engaged in the
performance of his or her official duty, is guilty of a misdemeanor.
(c) For the purposes of this section, an emergency includes a
condition or situation involving injury to persons, damage to
property, or peril to the safety of persons or property, which
results from a fire, an explosion, an airplane crash, flooding,
windstorm damage, a railroad accident, a traffic accident, a
powerplant accident, a toxic chemical or biological spill, or any
other natural or human-caused event.
SEC. 5. Section 646.9 of the Penal Code is amended to read:
646.9. (a) (1) A person who willfully, maliciously, and
repeatedly follows or willfully and maliciously harasses another
person and who makes a credible threat with the intent to place that
person in reasonable fear for his or her safety, or the safety of his
or her immediate family is guilty of the crime of stalking,
punishable by imprisonment in a county jail for not more than one
year, or by a fine of not more than one thousand dollars ($1,000), or
by both that fine and imprisonment, or by imprisonment in the state
prison.
(2) For purposes of this subdivision, a person includes a person
who operates or uses an unmanned aircraft system. For purposes of
this paragraph, both of the following definitions apply:
(A) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
(B) "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.
(b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order in
effect prohibiting the behavior described in subdivision (a) against
the same party, shall be punished by imprisonment in the state prison
for two, three, or four years.
(c) (1) Every person who, after having been convicted of a felony
under Section 273.5, 273.6, or 422, commits a violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison for two, three, or five years.
(2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
(d) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under this
section to register as a sex offender pursuant to Section 290.006.
(e) For the purposes of this section, "harasses" means engages in
a knowing and willful course of conduct directed at a specific person
that seriously alarms, annoys, torments, or terrorizes the person,
and that serves no legitimate purpose.
(f) For the purposes of this section, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
(g) For the purposes of this section, "credible threat" means a
verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with
the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family. It is not necessary to
prove that the defendant had the intent to actually carry out the
threat. The present incarceration of a person making the threat shall
not be a bar to prosecution under this section. Constitutionally
protected activity is not included within the meaning of "credible
threat."
(h) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
(i) This section shall not apply to conduct that occurs during
labor picketing.
(j) If probation is granted, or the execution or imposition of a
sentence is suspended, for any person convicted under this section,
it shall be a condition of probation that the person participate in
counseling, as designated by the court. However, the court, upon a
showing of good cause, may find that the counseling requirement shall
not be imposed.
(k) (1) The sentencing court also shall consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to 10 years, as determined by the court. It is the
intent of the Legislature that the length of any restraining order be
based upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim and
his or her immediate family.
(2) This protective order may be issued by the court whether the
defendant is sentenced to state prison, county jail, or if imposition
of sentence is suspended and the defendant is placed on probation.
(l) For purposes of this section, "immediate family" means any
spouse, parent, child, any person related by consanguinity or
affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months,
regularly resided in the household.
(m) The court shall consider whether the defendant would benefit
from treatment pursuant to Section 2684. If it is determined to be
appropriate, the court shall recommend that the Department of
Corrections and Rehabilitation make a certification as provided in
Section 2684. Upon the certification, the defendant shall be
evaluated and transferred to the appropriate hospital for treatment
pursuant to Section 2684.
SEC. 6. Section 4573.5 of the Penal Code is amended to read:
4573.5. (a) (1) A person who knowingly brings into any state
prison or other institution under the jurisdiction of the Department
of Corrections, or into any prison camp, prison farm, or any other
place where prisoners or inmates of these institutions are located
under the custody of prison or institution officials, officers, or
employees, or into any county, city and county, or city jail, road
camp, farm or any other institution or place where prisoners or
inmates are being held under the custody of any sheriff, chief of
police, peace officer, probation officer, or employees, or within the
grounds belonging to any institution or place, any alcoholic
beverage, any drugs, other than controlled substances, in any manner,
shape, form, dispenser, or container, or any device, contrivance,
instrument, or paraphernalia intended to be used for unlawfully
injecting or consuming any drug other than controlled substances,
without having authority so to do by the rules of the Department of
Corrections, the rules of the prison, institution, camp, farm, place,
or jail, or by the specific authorization of the warden,
superintendent, jailer, or other person in charge of the prison,
jail, institution, camp, farm, or place, is guilty of a felony.
(2) For purposes of this subdivision, a person includes a person
who operates or uses an unmanned aircraft system. For purposes of
this paragraph, both of the following definitions apply:
(A) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
(B) "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.
(b) The prohibitions and sanctions addressed in this section shall
be clearly and prominently posted outside of, and at the entrance
to, the grounds of all detention facilities under the jurisdiction
of, or operated by, the state or any city, county, or city and
county.
SEC. 7. 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.
