AB 56, as amended, Quirk. 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 prohibitbegin delete publicend deletebegin insert law enforcementend insert agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft
systems, as defined,begin delete with certain exceptions applicable to law enforcement agencies, subject to approval by the legislative body
having management and control of the law enforcement agency and other specified conditions, and in certain other cases, including when the use or operation of the unmanned aircraft system achieves the core mission of the agency and the purpose is unrelated to the gathering of criminal intelligence, as defined.end deletebegin insert except as provided by the bill’s provisions. The bill would authorize a law enforcement agency to use an unmanned aircraft system if the law enforcement agency complies with specified requirements, including, among others, that prior to the use of an unmanned aircraft system, the law enforcement agency develops and makes available to the public a policy on the use of an unmanned aircraft system, as provided, and that the law enforcement agency complies with 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 an agency, state and local law applicable to any agency’s use of surveillance technology that can be attached to an unmanned aircraft system, and the unmanned aircraft system policy developed by the law enforcement agency pursuant to the bill’s provisions. The bill would prohibit a law enforcement agency from using an unmanned aircraft system to surveil private property unless, among other justifications, the law enforcement agency obtains a search warrant.end insert
Thebegin delete bill would require reasonable public notice to be provided by public agencies intending to deploy unmanned aircraft systems, as specified. The bill would require a local legislative body that considers approving the use of an unmanned aircraft system by a law enforcement
agency to provide an opportunity for public comment before granting approval, and to specify the circumstances under which an unmanned aircraft system may be used and the time limits applicable to each circumstance. Theend delete bill would require images, footage, or data obtained through the use of an unmanned aircraft system under these provisions to be permanently destroyed within one year, except as specified. The bill would generally prohibit images, footage, or databegin insert of private propertyend insert obtained through the use of an unmanned aircraft system under these provisions from being disseminated outside the collectingbegin delete publicend deletebegin insert law enforcementend insert agency, 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 or directed from, an unmanned aircraft system and that is intended to cause incapacitation, bodily injury or death, or damage to, or the destruction of, real or personal property.begin insert By creating a new crime, the bill would impose a state-mandated local program.end insert The bill would also provide that specified surveillance restrictions on electronic devices apply to the use or operation of an unmanned aircraft system by a public agency.
The bill would make its provisions applicable to all public and private entities when contracting with a public agency for the use of 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 certain images, footage, or data obtained through the use of an unmanned aircraft system under its provisions, or any related 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. The bill would except from the disclosure requirements discussed above images, footage, data, and records obtained through the use of an unmanned aircraft system if disclosure would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Because this bill would require local entities to comply with additional rules and requirements regarding the use of information obtained from unmanned aircraft systems, it 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 6254.31 is added to the Government
2Code, to read:
(a) Notwithstanding any provision of this chapter,
4images, footage, or data obtained through the use of an unmanned
5aircraft system pursuant to Title 14 (commencing with Section
614350) of Part 4 of the Penal Code, or any related record, including,
7but not limited to, usage logs or logs that identify any person or
8entity that subsequently obtains or requests records of that system,
9are public records subject to disclosure.
10(b) Notwithstanding subdivision (a), nothing in this chapter or
11any other law requires the disclosure of images, footage, or data
12obtained through the use of an unmanned aircraft system, or any
13related record,
including, but not limited to, usage logs or logs that
14identify any person or entity that subsequently obtains or requests
15records of that system, to the extent that disclosure of the images,
16footage, data, or records would endanger the safety of a person
17involved in an investigation, or would endanger the successful
18completion of the investigation.
Title 14 (commencing with Section 14350) is added
20to Part 4 of the Penal Code, to read:
21
(a) Abegin delete publicend deletebegin insert law enforcementend insert agency shall not use an
25unmanned aircraft system, or contract for the use of an unmanned
26aircraft system, except as provided in this title. This title shall
27apply to all public and private entities when contracting with a
28begin delete publicend deletebegin insert law enforcementend insert agency for the use of an unmanned aircraft
29system.
30(b) A law enforcement agency may use an unmanned aircraft
31system if the law enforcement agency complies with all of the
32following:
33(1) Protections against unreasonable searches guaranteed by the
34United States Constitution and the California Constitution.
35(2) Federal law applicable to the use of an unmanned aircraft
36system by an agency, including, but not limited to, regulations of
37the Federal Aviation Administration.
P5 1(3) Statebegin insert and localend insert law applicable to any agency’s use of
2surveillance technology that can be attached to an unmanned
3aircraft system, including,
but not limited to, Chapter 1.5
4(commencing with Section 630) of Title 15 of Part 1.
5(4) The law enforcement agency shall obtain prior approval
6from the legislative body having management and control of the
7
agency.
8(5)
end delete
9begin insert(4)end insert If the use of an unmanned aircraft system by a local law
10enforcement agency may involve thebegin delete systematicend delete collection of
11images from an adjacent county, city, or city and county, the law
12enforcement agency shall obtainbegin delete approval from the local legislative begin insert a warrant based on
13body of that county, city, or city and county.end delete
14probable cause.end insert
15(6)
end delete
16begin insert(5)end insert begin insert(A)end insertbegin insert end insertThebegin insert law enforcementend insert agencybegin delete shall developend deletebegin insert developsend insert
17 andbegin delete makeend deletebegin insert makesend insert available to the public a policy on the use of an
18unmanned aircraft system andbegin delete shall trainend deletebegin insert
trainsend insert the law enforcement
19agency’s officers and employees on the policy, prior to the use of
20the unmanned aircraft system.
21(c) (1) A local legislative body that considers approving the
22use of an unmanned aircraft system for use by a law enforcement
23agency to gather information pursuant to this section shall provide
24an opportunity for public comment at a regularly
scheduled public
25meeting of the body before granting approval.
26(2) The approval granted by a local legislative body pursuant
27to this section shall specify, at a minimum, the circumstances under
28which an unmanned aircraft system may be used and the time
29limits applicable to each circumstance.
30(d)
end delete
31(B) The law enforcement agency uses the unmanned aircraft
32system consistent with the policy developed pursuant to this
33paragraph.
34(C) Prior to finalizing the policy required by this paragraph,
35the law
enforcement agency shall provide an opportunity for public
36comment at a regularly scheduled public meeting of its governing
37body.
38(D) The policy required by this paragraph shall specify, at a
39minimum, the circumstances under which an unmanned aircraft
P6 1system may be used and the time limits applicable to each
2circumstance.
3begin insert(c)end insert A law enforcement agency shall not use an unmanned aircraft
4system
to surveil private property unless the law enforcement
5agency complies with subdivision (b) and has obtained either of
6the following:
7(1) A search warrant based on probable cause.
8(2) The express permission of the person or entity with the legal
9authority tobegin delete grant access toend deletebegin insert authorize a search ofend insert the specific
10private property to be subjected to surveillance.
11(e)
end delete
12begin insert(d)end insert Notwithstanding subdivisionbegin delete (d),end deletebegin insert (c),end insert a law enforcement
13agency may use an unmanned aircraft system to surveil private
14property if an exigent circumstance exists, including, but not
15limited to,begin delete oneend deletebegin insert eitherend insert of the following circumstances:
16(1) In emergency situations if there is an imminent threat to life
17or of great bodily harm, including, but not limited to, fires, hostage
18crises,begin insert barricaded suspects,end insert
“hot pursuit” situations if reasonably
19necessary to prevent harm to law enforcement officers or others,
20and search and rescue operations on land or water.
21(2) To assess the necessity of first responders and process scenes
22in situations relating to traffic accidents.
23(3) To document traffic collision and crime scenes.
end delete
24(4) To inspect state parks and wilderness areas for illegal
25vegetation or fires, regardless of permanent improvements or
26temporary human habitation.
27(5)
end delete
28begin insert(2)end insert To determine the appropriate response to an imminent or
29existing environmental emergency or disaster, including, but not
30limited to, oils spills or chemical spills.
31(f) A public agency other than a law enforcement agency may
32use an unmanned aircraft system, or contract for the use of an
33unmanned aircraft system, to achieve the core mission of the
34agency provided that the purpose is unrelated to the gathering of
35criminal intelligence.
36(g) A public agency that is not primarily a law enforcement
37agency, but that employs peace officers or performs functions
38related to criminal investigations, may use an
unmanned aircraft
39system without obtaining a warrant to achieve the core mission of
40the agency provided that the purpose is unrelated to the gathering
P7 1of criminal intelligence, and that the images, footage, or data are
2not used for any purpose other than that for which it was collected.
A public agency that uses an unmanned aircraft system,
4or contracts for the use of an unmanned aircraft system, pursuant
5to this title shall first provide reasonable notice to the public.
6Reasonable notice shall, at a minimum, consist of a one-time
7announcement regarding the agency’s intent to deploy unmanned
8aircraft system technology and a description of the technology’s
9capabilities.
(a) begin delete(1)end deletebegin delete end deletebegin delete(A)end deletebegin delete end deleteExcept as permitted by this title, images,
12footage, or data obtained by abegin delete publicend deletebegin insert law enforcementend insert
agency, or
13any entity contracting with abegin delete publicend deletebegin insert law enforcementend insert agency, ofbegin delete aend delete
14 private propertybegin delete andend delete pursuant to this title shall not be disseminated
15tobegin delete aend deletebegin insert anotherend insert law enforcement agency unless the law enforcement
16agency has
the permission of the person or entity with the legal
17authority tobegin delete grant access toend deletebegin insert authorize a search ofend insert thebegin insert specific
18privateend insert property or a search warrant for the images, footage, or
19data based on probable cause pursuant to this code, or the law
20enforcement agency would not have been required to obtain a
21warrant to collect the images, footage, or data itself, as specified
22in Section 14350.
23(B) A public agency that is not primarily a law enforcement
24agency, but that employs peace officers or performs functions
25related to criminal investigations, may disseminate images, footage,
26or data collected pursuant to Section 14350 if the dissemination
27is to others within that agency.
28(2) Except as permitted by this title, images, footage, or data
29obtained by a public agency, or any entity
contracting with a public
30agency, through the use of an unmanned aircraft system shall not
31be disseminated outside the collecting public agency, unless one
32of the following circumstances applies:
33(A) Images, footage, or data obtained by a public agency through
34the use of an unmanned aircraft system may be disseminated to
35another public agency that is not a law enforcement agency if the
36images, footage, or data are related to the core mission of both
37public agencies involved in the sending or receiving of the images,
38footage, or data.
39(B) Images, footage, or data obtained by a public agency through
40the use of an unmanned aircraft system may be disseminated
P8 1outside the collecting public agency if the images, footage, or data
2are evidence in any claim filed or any pending litigation.
3(C) Images, footage, or data obtained by a public agency through
4the use of an unmanned aircraft system may be disseminated to a
5private entity if both of the following conditions are satisfied:
6(i) The collecting public agency is not a law enforcement
7agency.
8(ii) The images, footage, or data are related to the core function
9of the collecting public agency.
10(3) A public agency may make available to the public images,
11footage, or data obtained by the public agency through the use of
12an unmanned aircraft system if both of the following conditions
13are satisfied:
14(A) The images, footage, or data do
not depict or describe any
15individual or group of individuals, or the activities of any individual
16or group of individuals whose identity or identities can be
17ascertained.
18(B) The disclosure of the images, footage, or data is required
19to fulfill the public agency’s statutory or mandatory obligations.
20(b) Except as permitted by this title, images, footage, or data
21obtained by abegin delete publicend deletebegin insert law enforcementend insert agency through the use of
22an unmanned aircraft system shall not be used by thebegin delete publicend deletebegin insert
law
23enforcementend insert agency for any purpose other than that for which it
24was collected.
25(c) (1) Images, footage, or data obtained through the use of an
26unmanned aircraft system shall be permanently destroyed within
27one year, except that abegin delete publicend deletebegin insert law enforcementend insert agency may retain
28the images, footage, or data inbegin delete allend deletebegin insert bothend insert of the following
29circumstances:
30(A) For training purposes. Images, footage, or data
retained for
31training purposes shall be used only for the education and
32instruction of abegin delete publicend deletebegin insert law enforcementend insert agency’s employees in
33matters related to the mission of thebegin delete publicend deletebegin insert law enforcementend insert agency
34and for no other purpose.
35(B) For academic research or teaching purposes. Images,
36footage, or data retained for academic research or teaching purposes
37shall be used only for the advancement of research and teaching
38conducted by an academic or research institution and matters
39related to the mission of the
institution and for no other purpose.
P9 1(C) For purposes of monitoring material assets owned by the
2public agency.
3(D) For environmental, public works, or land use management
4or planning by the public agency.
5(2) Notwithstanding paragraph (1), abegin delete publicend deletebegin insert law enforcementend insert
6 agency may retain beyond one year images, footage, or data
7obtained through the use of
an unmanned aircraft system in both
8of the following circumstances:
9(A) If a search warrant authorized the collection of the images,
10footage, or data.
11(B) If the images, footage, or data are evidence in any claim
12filed or any pending litigation, internal disciplinary proceeding,
13begin delete orend delete enforcementbegin delete proceeding.end deletebegin insert proceeding, or criminal investigation.end insert
Unless authorized by federal law, a person or entity,
16including abegin delete publicend deletebegin insert law enforcementend insert agency subject to Section
1714350 or a person or entity under contract to abegin delete publicend deletebegin insert law
18enforcementend insert agency, for the
purpose of that contract, shall not
19equip or arm an unmanned aircraft system with a weapon or other
20device that may be carried by, or launched or directed from, an
21unmanned aircraft system and that is intended to cause
22incapacitation, bodily injury or death, or damage to, or the
23destruction of, real or personal property.
All unmanned aircraft systems shall be operated so as
26to minimize the collection of images, footage, or data of persons,
27places, or things not specified with particularity in the warrant
28authorizing the use of an unmanned aircraft system, or, if no
29warrant was obtained, for purposes unrelated to the justification
30for the operation.
(a) This title is not intended to conflict with or
33supersede federal law, including rules and regulations of the
34Federal Aviation Administration.
35(b) A local legislative body may adopt more restrictive policies
36on the acquisition, use, or retention of unmanned aircraft systems.
For the purposes of this title, the following definitions
39shall apply:
P10 1(a) “Criminal intelligence” means information compiled,
2analyzed, or disseminated in an effort to anticipate, prevent,
3monitor, or investigate criminal activity.
4(b) “Law enforcement agency” means the Attorneybegin delete General of begin insert
General,end insert each district attorney, and each
5the State of California,end delete
6agency of thebegin delete State of Californiaend deletebegin insert state or political subdivision of
7the stateend insert authorized by statute to investigate or prosecute law
8violators.
9(c) “Public agency” means and includes each state agency and
10each local
agency.
11(d)
end delete
12begin insert(c)end insert “Unmanned aircraft system” means an unmanned aircraft
13and associated elements, including communication links and the
14components that control the unmanned aircraft, that are required
15for the pilot in command to operate safely and efficiently in the
16national airspace system.
Except as provided in this title, the surveillance
19restrictions on electronic devices described in Chapter 1.5
20(commencing with Section 630) of Title 15 of Part 1 shall apply
21to the use or operation of an unmanned aircraft system by a public
22agency.
The Legislature finds and declares that Section 1 of
24this act, which adds Section 6254.31 of the Government Code,
25imposes a limitation on the public’s right of access to the meetings
26of public bodies or the writings of public officials and agencies
27within the meaning of Section 3 of Article I of the California
28Constitution. Pursuant to that constitutional provision, the
29Legislature makes the following findings to demonstrate the interest
30protected by this limitation and the need for protecting that interest:
31In order to ensure the safety of persons involved in investigations
32and to preserve the integrity of those
investigations, it is necessary
33that this act take effect.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district under this act would resultbegin insert eitherend insert from a legislative mandate
38that is within the scope of paragraph (7) of subdivision (b) of
39Section 3 of Article I of the Californiabegin delete Constitution.end deletebegin insert
Constitution,
40or because this act creates a new crime or infraction, eliminates
P11 1a crime or infraction, or changes the penalty for a crime or
2infraction, within the meaning of Section 17556 of the Government
3Code, or changes the definition of a crime within the meaning of
4Section 6 of Article XIII B of the California Constitution.end insert
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