Amended in Assembly January 23, 2014

Amended in Assembly January 9, 2014

Amended in Assembly April 29, 2013

Amended in Assembly April 18, 2013

Amended in Assembly April 3, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1327

Introduced by Assembly Members Gorell begin delete and end delete begin insert , end insert Bradford begin insert , and Quirk end insert

(Principal coauthor: Assembly Member Muratsuchi)

(Coauthor: Assembly Member Fox)

February 22, 2013

An act to add begin insert Section 6254.31 to the Government Code, and to add end insert Title 14 (commencing with Section 14350) to Part 4 of the Penal Code, begin delete and to add Section 6254.31 to the Government Code, end delete relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

AB 1327, as amended, Gorell. 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.

This bill would generally prohibit public agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, with certain exceptions applicable to law enforcement agencies and in certain other cases.

The bill would require reasonable public notice to be provided by public agencies intending to deploy unmanned aircraft systems, as specified. The bill would require images, footage, or data obtained through the use of an unmanned aircraft system under these provisions to be permanently destroyed within 6 months, except as specified. Unless authorized by federal law, the bill would prohibit a person or entity, including a public agency subject to these provisions, or a person or entity under contract to a public agency, for the purpose of that contract, from equipping or arming an unmanned aircraft system with a weapon or other device that may be carried by or launched from an unmanned aircraft system and that is intended to cause bodily injury or death, or damage to, or the destruction of, real or personal property.

The bill would make the restrictions that are applicable to the use of an unmanned aircraft system by a law enforcement agency also applicable to any person, entity, or public agency that uses, operates, or contracts for an unmanned aircraft system.

Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to certain exceptions.

This bill would make images, footage, or data obtained through the use of an unmanned aircraft system under its provisions, or any record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, subject to disclosure.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 6254.31 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 6254.31. end insert   

Notwithstanding any provision of this chapter, images,
footage, or data obtained through the use of an unmanned aircraft
system pursuant to subdivisions (c) or (d) of Section 14350 of the
Penal Code, or any record, including, but not limited to, usage
logs or logs that identify any person or entity that subsequently
obtains or requests records of that system, are public records
subject to disclosure.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Title 14 (commencing with Section 14350) is added
to Part 4 of the Penal Code, to read:

 

Title 14.  UNMANNED AIRCRAFT SYSTEMS

 

14350.  

(a) A public agency shall not use an unmanned aircraft
system, or contract for the use of an unmanned aircraft system,
except as provided in this title. This title shall apply to all public
and private entities when contracting with a public agency for the
use of an unmanned aircraft system.

(b) A law enforcement agency may use an unmanned aircraft
system if it has obtained a warrant based on probable cause
pursuant to this code.

(c) (1) A law enforcement agency, without obtaining a warrant,
may use an unmanned aircraft system in emergency situations if
there is an imminent threat to life or of great bodily harm,
including, but not limited to, fires, hostage crises, “hot pursuit”
situations if reasonably necessary to prevent harm to law
enforcement officers or others, and search and rescue operations
on land or water.

(2) A law enforcement agency, without obtaining a warrant,
may use an unmanned aircraft system to assess the necessity of
first responders in situations relating to traffic accidents, to inspect
state parks and wilderness areas for illegal vegetation, or fires.

(d) (1) A public agency other than a law enforcement agency
may use an unmanned aircraft system, or contract for the use of
an unmanned aircraft system, to achieve the core mission of the
agency provided that the purpose is unrelated to the gathering of
criminal intelligence.

(2) Except as permitted by this title and when a law enforcement
agency is not required to obtain a warrant as specified in this title,
data collected pursuant to this subdivision shall not be disseminated
to a law enforcement agency unless the agency has obtained a
warrant for the data based on probable cause pursuant to this code.

14351.  

A public agency that uses an unmanned aircraft system,
or contracts for the use of an unmanned aircraft system, pursuant
to this title shall first provide reasonable notice to the public.
Reasonable notice shall, at a minimum, consist of a one-time
announcement regarding the agency’s intent to deploy unmanned
aircraft system technology and a description of the technology’s
capabilities.

14352.  

(a) Except as permitted by this title, images, footage,
or data obtained by a public agency, or any entity contracting with
a public agency, through the use of an unmanned aircraft system
shall not be disseminated outside the collecting agency, and shall
not be used by the agency for any purpose other than that for which
it was collected. Images, footage, or data obtained through the use
of an unmanned aircraft system shall be permanently destroyed
within six months, except that a public agency may retain the
images, footage, or data for training purposes and shall retain any
image, footage, or data if a warrant authorized its collection or if
the images, footage, or data are evidence in any claim filed or any
pending litigation.

(b) Images, footage, or data retained for training purposes shall
be used only for the education and instruction of an agency’s
employees in matters related to the mission of the agency and for
no other purpose.

14353.  

Unless authorized by federal law, a person or entity,
including a public agency subject to Section 14350 or a person or
entity under contract to a public agency, for the purpose of that
contract, shall not equip or arm an unmanned aircraft system with
a weapon or other device that may be carried by or launched from
an unmanned aircraft system and that is intended to cause bodily
injury or death, or damage to, or the destruction of, real or personal
property.

14354.  

All unmanned aircraft systems shall be operated so as
to minimize the collection of images, footage, or data of persons,
places, or things not specified with particularity in the warrant
authorizing the use of an unmanned aircraft system, or, if no
warrant was obtained, for purposes unrelated to the justification
for the operation.

14355.  

(a)  begin delete Nothing in this end delete begin insert This end insert title is begin insert not end insert intended to conflict
with or supersede federal law, including rules and regulations of
the Federal Aviation Administration.

(b) A local legislative body may adopt more restrictive policies
on the acquisition or use of unmanned aircraft systems.

14356.  

For the purposes of this title, the following definitions
shall apply:

(a) “Criminal intelligence” means information compiled,
analyzed, or disseminated in an effort to anticipate, prevent,
monitor, or investigate criminal activity.

(b) “Law enforcement agency” means the Attorney General of
the State of California, each district attorney, and each agency of
the State of California authorized by statute to investigate or
prosecute law violators.

(c) “Public agency” means and includes each state agency and
each local agency.

(d)  “Unmanned aircraft system” means an unmanned aircraft
and associated elements, including 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.

14357.  

The surveillance restrictions on electronic devices
pursuant to Chapter 1.5 (commencing with Section 630) of Title
15 of Part 1 shall apply to unmanned aircraft systems.

begin delete

SEC. 2.  

Section 6254.31 is added to the Government Code, to
read:

6254.31.  

Notwithstanding any provision of this chapter, images,
footage, or data obtained through the use of an unmanned aircraft
system pursuant to subdivisions (c) or (d) of Section 14350 of the
Penal Code, or any record, including, but not limited to, usage logs
or logs that identify any person or entity that subsequently obtains
or requests records of that system, is subject to disclosure.

end delete