Bill Text: CA SB810 | 2015-2016 | Regular Session | Introduced

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Bill Title: Unmanned aircraft: fire interference.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-11-30 - From committee without further action. [SB810 Detail]

Download: California-2015-SB810-Introduced.html

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BILL NUMBER: SB 810	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        JANUARY 4, 2016

   An act to add Section 402.5 to the Penal Code, relating to
unmanned aircraft.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 810, as introduced, Gaines. Unmanned aircraft: fire
interference.
   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 imprisonment and fine. 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.
   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 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 imprisonment and fine.
   (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.