Bill Text: CA SB142 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Civil law: unmanned aerial vehicles.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-04-20 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB142 Detail]

Download: California-2015-SB142-Introduced.html

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BILL NUMBER: SB 142	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        JANUARY 26, 2015

   An act to add Section 1708.83 to the Civil Code, relating to civil
law.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 142, as introduced, Jackson. Civil law: unmanned aerial
vehicles.
   Existing federal law, the FAA 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.
   Existing law imposes liability for physical invasion of privacy,
if a person knowingly enters onto the land of another without
permission or otherwise commits a trespass in order to capture any
image or recording of the plaintiff engaging in a private activity
and the invasion is offensive to a reasonable person.
   This bill would define knowing entry upon the land of another also
to include operation of an unmanned aerial vehicle below the
navigable airspace overlaying the property.
   Existing law deems the detriment caused by wrongful occupation of
real property to be the value of the use of the property for the time
of the wrongful occupation, the reasonable cost of repair or
restoration of the property, and the costs of recovering the
possession.
   This bill would extend liability for wrongful occupation of real
property and damages to a person who without permission operates an
unmanned aerial vehicle below the navigable airspace overlaying the
real property.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1708.83 is added to the Civil Code, to read:
   1708.83.  (a) A person knowingly enters onto the land of another
person pursuant to subdivision (a) of Section 1708.8 if he or she
operates an unmanned aerial vehicle below the navigable airspace, as
defined in paragraph (32) of subsection (a) of Section 40102 of Title
49 of the United States Code, overlaying the property.
   (b) A person wrongfully occupies real property and is liable for
damages pursuant to Section 3334 if, without permission, he or she
operates an unmanned aerial vehicle below the navigable airspace, as
defined in paragraph (32) of subsection (a) of Section 42102 of Title
49 of the United States Code, overlaying the real property.