Bill Text: CA SB262 | 2015-2016 | Regular Session | Amended
Bill Title: Unmanned aircraft systems: law enforcement use.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB262 Detail]
Download: California-2015-SB262-Amended.html
BILL NUMBER: SB 262 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2015
INTRODUCED BY Senators Galgiani and Anderson
FEBRUARY 18, 2015
An act to add Chapter 4 (commencing with Section 11470) to Title 1
of Part 4 of the Penal Code, relating to unmanned aircraft systems.
LEGISLATIVE COUNSEL'S DIGEST
SB 262, as amended, Galgiani. Unmanned aircraft systems: law
enforcement use.
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.
Existing state law generally regulates the use of surveillance
technology by a law enforcement agency.
This bill would specifically authorize a law enforcement agency to
use an unmanned aircraft system if the use of the unmanned aircraft
system complies with certain conditions, including, among
others, protections against unreasonable searches guaranteed by
the United States Constitution and the California Constitution,
federal law applicable to the use of an unmanned aircraft system by a
law enforcement agency, and state law applicable to a law
enforcement agency's use of surveillance technology that can be
attached to an unmanned aircraft system. The bill would prohibit
a law enforcement agency from using an unmanned aircraft system to
conduct surveillance of private property unless the law enforcement
agency has obtained a search warrant, the person or entity with the
legal authority to grant access to the private property grants the
law enforcement agency permission to access the property, or an
exigent circumstance exists. The bill would define law
enforcement agency and unmanned aircraft system for these purposes.
The bill would also make related findings and declarations.
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. The Legislature finds and declares all of the
following:
(a) The Federal Aviation Administration currently conducts a
comprehensive operational and technical review of all public agency
applications to operate an unmanned aircraft system. Law enforcement
agencies that wish to operate an unmanned aircraft system can do so
only after receiving a certificate of authorization or waiver from
the Federal Aviation Administration.
(b) Technological advancements and the utilization of new
technologies are essential in supporting law enforcement agencies'
missions of preventing and fighting crime.
(c) The responsible use of unmanned aircraft systems by law
enforcement agencies is both an efficient and effective use of
emerging technology.
(d) A law enforcement agency's ability to share information
acquired through the use of technology attached to unmanned aircraft
systems is directly related to the profession's ability to solve
crimes.
(e) The Fourth Amendment to the United States Constitution
protects against unreasonable searches by law enforcement agencies,
including searches conducted with advanced technologies.
SEC. 2. Chapter 4 (commencing with Section 11470) is added to
Title 1 of Part 4 of the Penal Code, to read:
CHAPTER 4. UNMANNED AIRCRAFT SYSTEMS
11470. (a) A law enforcement agency may use an unmanned aircraft
system if the use of the unmanned aircraft system complies with all
of the following:
(1) Protections against unreasonable searches guaranteed by the
United States Constitution and the California Constitution.
(2) Federal law applicable to the use of an unmanned aircraft
system by a law enforcement agency, including, but not limited to,
regulations of the Federal Aviation Administration.
(3) State law applicable to a law enforcement agency's use of
surveillance technology that can be attached to an unmanned aircraft
system, including, but not limited to, Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1.
(4) The law enforcement agency has received approval from its
local governing body to use an unmanned aircraft system.
(5) The law enforcement agency has created a written policy on the
use of an unmanned aircraft system and has trained the individuals
using the unmanned aircraft system on the policy.
(b) A law enforcement agency shall not use an unmanned aircraft
system to conduct surveillance of private property unless any of the
following apply:
(1) The law enforcement agency has obtained a search warrant.
(2) The person or entity with the legal authority to grant access
to the private property grants the law enforcement agency written
consent to access the property.
(3) An exigent circumstance exists.
(b)
(c) For purposes of this chapter, the following
definitions shall apply:
(1) "Law enforcement agency" means the police or sheriff's
department of a city, county, or city and county.
(2) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
(3) "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.
