Bill Text: CA SB167 | 2015-2016 | Regular Session | Amended

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Bill Title: Fires: interference: unmanned aircraft.

Spectrum: Slight Partisan Bill (Republican 20-8-1)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB167 Detail]

Download: California-2015-SB167-Amended.html

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BILL NUMBER: SB 167	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2015
	AMENDED IN SENATE  JULY 14, 2015

INTRODUCED BY    Senator   Gaines 
 Senators   Gaines   and Jackson 
   (Principal coauthor: Assembly Member Gatto)
   (Coauthors: Senators  Berryhill  
  and Fuller   Anderson,  
Bates,   Berryhill,   Cannella,   Fuller,
  Huff,   Leno,   McGuire,  
Morrell,   Nielsen,   Roth,   Runner,
  and Stone  )
   (Coauthors: Assembly Members  Travis Allen,  
Bigelow,   Brown,   Chávez,   Cooper,
 Dahle, Beth Gaines,  and Obernolte  
Jones,   Lackey,   Mathis,   Mayes, 
 Obernolte,   and Rodriguez  )

                        FEBRUARY 5, 2015

   An act to add Section  4167   402.5  to
the  Public Resources   Penal  Code,
relating to  forest  fires, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 167, as amended, Gaines.  Forest fires:  
Fires:  interference: unmanned aircraft. 
   Existing law prohibits specified behavior at forest fire sites,
including disobeying the lawful orders of a public officer or
firefighter or interfering with the lawful efforts of a firefighter
to extinguish the fire, and makes this proscribed activity a
misdemeanor, punishable by imprisonment in a county jail for not more
than 6 months, or by a fine not exceeding $1,000, or by both that
fine and imprisonment.  
   This bill would make it a misdemeanor to violate any of these
provisions through the use or operation of an unmanned aircraft or
unmanned aircraft system, punishable by a fine of not less than $200
or not more than $2,000, or to knowingly, intentionally, or
recklessly violate any of these provisions through the use or
operation of an unmanned aircraft or unmanned aircraft system,
punishable by imprisonment in a county jail for not more than 6
months, or by a fine of $5,000, or by both that fine and
imprisonment. By creating new crimes, the bill would impose a
state-mandated local program. 
   Existing law makes it a misdemeanor to engage in disorderly
conduct that delays or prevents a fire from being timely extinguished
or to resist or interfere with the lawful efforts of a firefighter
in the discharge of an official duty. Existing law makes it a
misdemeanor to impede police officers, firefighters, emergency
personnel, or military personnel, in the performance of their duties
in coping with an emergency.  
   This bill would make it unlawful to knowingly, intentionally, or
recklessly operate an unmanned aircraft or unmanned aircraft system,
as defined, in a manner that prevents or delays the extinguishment of
a fire, or in any way interferes with the efforts of firefighters to
control, contain, or extinguish a fire. The bill would make a
violation of this prohibition punishable by imprisonment in a county
jail not to exceed 6 months, by a fine not to exceed $5,000, or by
both that fine and imprisonment. By creating a new crime, this bill
would impose a state-mandated local program. 
   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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 4167 is added to the Public
Resources Code, to read:
   4167.  (a) Except as provided in subdivision (b), a person who
violates this article through the use or operation of an unmanned
aircraft or unmanned aircraft system is guilty of a misdemeanor,
punishable by a fine of not less than two hundred dollars ($200) or
not more than two thousand dollars (2,000).
   (b) A person who knowingly, intentionally, or recklessly violates
this article through the use or operation of an unmanned aircraft or
unmanned aircraft system is guilty of a misdemeanor, punishable by
imprisonment in a county jail for not more than six months, or by a
fine of five thousand dollars ($5,000), or by both that fine and
imprisonment.
   (c) For purposes of this section, "unmanned aircraft" means an
aircraft that is operated without the possibility of direct human
intervention from within or on the aircraft.
   (d) For purposes of this section, "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.

   SECTION 1.    Section 402.5 is added to the 
 Penal Code   , to read:  
   402.5.  (a) It is unlawful to knowingly, intentionally, or
recklessly operate an unmanned aircraft or unmanned aircraft system
in a manner that prevents or delays the extinguishment of a fire, or
in any way interferes with the efforts of firefighters to control,
contain, or extinguish a fire, including, but not limited to, efforts
to control, contain, or extinguish the fire from the air. A
violation of this section is punishable by imprisonment in a county
jail not to exceed six months, by a fine not to exceed five thousand
dollars ($5,000), or by both that fine and imprisonment.
   (b) (1) For purposes of this section, "unmanned aircraft" means an
aircraft that is operated without the possibility of direct human
intervention from within or on the aircraft.
   (2) For purposes of this section, "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 individual in command to
operate safely and efficiently in the national airspace system. 

  SEC. 2.  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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   To address the interference of unmanned aircraft with efforts to
fight  forest  fires  and to keep fires from
raging out of control  during  the current fire season,
  this historic drought,  it is necessary that this
act take effect immediately.