Bill Text: CA SB808 | 2015-2016 | Regular Session | Introduced
Bill Title: Protective orders: unmanned aircraft systems.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB808 Detail]
Download: California-2015-SB808-Introduced.html
BILL NUMBER: SB 808 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Gaines
JANUARY 4, 2016
An act to amend Section 273.6 of the Penal Code, relating to
unmanned aircraft systems.
LEGISLATIVE COUNSEL'S DIGEST
SB 808, as introduced, Gaines. Protective orders: 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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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) In the event of a
A violation of subdivision (a) that results in physical
injury, the person 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) In the event of a
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,
the person 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) Every 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) Every 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. In no event shall any
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. Where 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. 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.
