Amended in Senate September 1, 2015

Amended in Senate July 16, 2015

Amended in Senate July 7, 2015

Amended in Senate June 24, 2015

Amended in Assembly April 22, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 56


Introduced by Assembly Member Quirk

(Principal coauthor: Assembly Member Campos)

December 2, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

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 prohibit law enforcement agencies from using unmanned aircraft systems, obtaining an unmanned aircraft system from another public agency by contract, loan, or other arrangement, or using information obtained from an unmanned aircraft system used by another public agency, 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 before the use of an unmanned aircraft system, the law enforcement agency develops, makes available to the public, and, at least once every 3 years, reviews, a policy on the use of an unmanned aircraft system, as provided, and that the law enforcement agency complies withbegin delete protections against unreasonable searches guaranteed by the United States Constitution and the California Constitution, protection of the right of privacy guaranteed by 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,end deletebegin insert all applicable federal, state, and local lawend insert and the unmanned aircraft system policy developed by the law enforcement agency pursuant to the bill’s provisions. The bill would require a law enforcement agency that uses an unmanned aircraft system to ensure that information and data gathered through the use of the system is protected with reasonable operational, administrative, technical, and physical safeguards, and to implement and maintain reasonable security procedures and practices in order to protect information and data gathered through the use of that system from unauthorized access, destruction, use, modification, or disclosure. 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.

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 one year, 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. By creating a new crime, the bill would impose a state-mandated local program. The bill would require a law enforcement agency that operates an unmanned aircraft system to keep a record of the use of that system, including information on whether a search warrant was sought before the system was used, and, in situations where a warrant was sought, whether the warrant was granted or denied. 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 law enforcement agency.

The bill would make its provisions applicable to all law enforcement agencies and private entities when contracting with or acting as the agent of a law enforcement agency for the use of an unmanned aircraft system.

The bill wouldbegin delete authorize, in addition to any other sanctions, penalties, or remedies provided by law,end deletebegin insert authorizeend insert an individual who has been harmed by a violation of the bill’s provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused that violation,begin delete andend delete would authorize the court tobegin delete award, among other things, actual damages, punitive damages, and other preliminary and equitable relief as the court determines to be appropriate.end deletebegin insert award attorney’s fees, as specified, and would specify that the bill’s provisions do not impair or impede any other rights, causes of action, claims, or defenses available under other law and that the remedies provided by the bill’s provisions end insertbegin insertare cumulative with any other remedies available under other law.end insert

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:

P4    1

SECTION 1.  

Section 6254.31 is added to the Government
2Code
, to read:

3

6254.31.  

(a) Notwithstanding any provision of this chapter,
4images, footage, or data obtained through the use of an unmanned
5aircraft system, including use pursuant to Title 14 (commencing
6with Section 14350) of Part 4 of the Penal Code, or any related
7record, including, but not limited to, usage logs or logs that identify
8any person or entity that subsequently obtains or requests records
9of that system, are 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.

19

SEC. 2.  

Title 14 (commencing with Section 14350) is added
20to Part 4 of the Penal Code, to read:

 

P5    1Title 14.  UNMANNED AIRCRAFT SYSTEMS

2

 

3

14350.  

(a) A law enforcement agency shall not use an
4unmanned aircraft system, obtain an unmanned aircraft system
5from another public agency by contract, loan, or other arrangement,
6or use information obtained from an unmanned aircraft system
7used by another public agency, except as provided in this title.
8This title shall apply to all law enforcement agencies and private
9entities when contracting with or acting as the agent of a law
10enforcement agency for the use of an unmanned aircraft system.

11(b) A law enforcement agency may use an unmanned aircraft
12system, or use information obtained from an unmanned aircraft
13 system used by another public agency, if the law enforcement
14agency complies with the requirements of this title and all
15applicable federal, state, and localbegin delete law, including the following:end delete
16begin insert law.end insert

begin delete

17(1) Protections against unreasonable searches guaranteed by the
18United States Constitution and the California Constitution.

end delete
begin delete

19(2) Protection of the inalienable right of privacy guaranteed by
20the California Constitution.

end delete
begin delete

21(3) Federal law applicable to the use of an unmanned aircraft
22system by an agency, including, but not limited to, regulations of
23the Federal Aviation Administration.

end delete
begin delete

24(4) State and local law applicable to any agency’s use of
25surveillance technology that can be attached to an unmanned
26aircraft system, including, but not limited to, Chapter 1.5
27(commencing with Section 630) of Title 15 of Part 1.

end delete

28(c) If the use of an unmanned aircraft system by a local law
29enforcement agency may involve the collection of images, footage,
30or data from another county, city, or city and county, the law
31enforcement agency shall obtain a warrant based on probable cause,
32unless an exigent circumstance exists.

33(d) (1) A law enforcement agency shall develop a policy on
34the use of unmanned aircraft systems and train the law enforcement
35agency’s officers and employees on the policy, before the use of
36the unmanned aircraft system. This policy shall be made available
37to the public in writing, and, if the law enforcement agency has
38an Internet Web site, the policy shall be posted conspicuously on
39that Internet Web site.

P6    1 (2) A law enforcement agency shall use the unmanned aircraft
2system consistent with the policy developed pursuant to this
3subdivision.

4(3) Before finalizing the policy required by this subdivision,
5the law enforcement agency shall present the proposed policy at
6a regularly scheduled and noticed public meeting of its governing
7body with an opportunity for public comment.

8(4) The policy required by this subdivision shall specify, at a
9minimum, all of the following:

10(A) How the collection, use, maintenance, sharing, and
11dissemination of information and data gathered through the use of
12an unmanned aircraft system is consistent with respect for an
13individual’s privacy and civil liberties.

14(B) The authorized purposes for using an unmanned aircraft
15system and for collecting information or data using that technology,
16including the circumstances under which an unmanned aircraft
17system may and may not be used. The policy shall identify any
18time limits applicable to the use of an unmanned aircraft system
19and the rules and procedures to be followed before such use.

20(C) A description of the employees who are authorized to use
21or access information or data collected through the use of an
22unmanned aircraft system. The policy shall identify the training
23requirements necessary for those authorized employees, as well
24as the circumstances under which they may use or access this
25information or data.

26(D) A description of how the use of an unmanned aircraft system
27will be monitored to ensure compliance with all applicable privacy
28laws and a process for periodic system audits.

29(E) A description of reasonable measures that will be used to
30ensure the accuracy of information or data gathered through the
31use of an unmanned aircraft system, and a process to correct errors.

32(F) A description of how the law enforcement agency will
33comply with the security procedures and practices implemented
34and maintained pursuant to subdivision (e).

35(G) The official custodian or owner of information or data
36gathered through the use of an unmanned aircraft system, and the
37employee or employees that have the responsibility and
38accountability for implementing this subdivision.

39(H) The purpose of, and process for, sharing or disseminating
40information or data gathered through the use of an unmanned
P7    1aircraft system with other law enforcement agencies and public
2agencies. The policy shall also identify how the use or further
3sharing or dissemination of that information or data will be
4restricted in order to ensure respect for an individual’s privacy and
5civil liberties.

6(I) The manner in which information obtained from another
7public agency will be used.

8(J) Mechanisms to ensure the policy is followed.

9(K) The policy shall prohibit the use of an unmanned aircraft
10system solely for the purpose of monitoring activities protected
11by the First Amendment to the United States Constitution, or the
12lawful exercise of other rights secured by the United States
13Constitution, the California Constitution, and federal and state
14law. The policy shall also prohibit the use of an unmanned aircraft
15system to engage in discrimination on the basis of race, ethnicity,
16gender, national origin, religion, sexual orientation, or gender
17identity.

18(5) The policy required by this subdivision shall be reviewed
19at least once every three years to evaluate whether changes may
20be needed as a result of innovations or developments in unmanned
21aircraft system technology, to identify potential risks to individual
22privacy and civil liberties, and to ensure compliance with existing
23laws and regulations.

24(e) A law enforcement agency that uses an unmanned aircraft
25system shall ensure that information and data gathered through
26the use of the system is protected with reasonable operational,
27administrative, technical, and physical safeguards to ensure its
28confidentiality and integrity. A law enforcement agency that uses
29an unmanned aircraft system shall implement and maintain
30reasonable security procedures and practices in order to protect
31information and data gathered through the use of that system from
32unauthorized access, destruction, use, modification, or disclosure.

33(f) A law enforcement agency shall not use an unmanned aircraft
34system, or information obtained from an unmanned aircraft system
35used by another public agency, to surveil private property unless
36the law enforcement agency has obtained either of the following:

37(1) A search warrant based on probable cause.

38(2) The express permission of the person or entity with the legal
39authority to authorize a search of the specific private property to
40be subjected to surveillance.

P8    1(g) Notwithstanding subdivision (f), a law enforcement agency
2may use an unmanned aircraft system to surveil private property
3if an exigent circumstance exists, including, but not limited to,
4either of the following circumstances:

5(1) In emergency situations if there is an imminent threat to life
6or of great bodily harm, including, but not limited to, fires, hostage
7crises, barricaded suspects, “hot pursuit” situations if reasonably
8necessary to prevent harm to law enforcement officers or others,
9and search and rescue operations on land or water.

10(2) To determine the appropriate response to an imminent or
11existing environmental emergency or disaster, including, but not
12limited to, oil spills or chemical spills.

13

14351.  

(a) Images, footage, or data obtained through the use
14of an unmanned aircraft system shall be permanently destroyed
15within one year, except that a law enforcement agency may retain
16the images, footage, or data in both of the following circumstances:

17(1) For training purposes. Images, footage, or data retained for
18training purposes shall be used only for the education and
19instruction of a law enforcement agency’s employees in matters
20related to the mission of the law enforcement agency and for no
21other purpose.

22(2) For academic research or teaching purposes. Images, footage,
23or data retained for academic research or teaching purposes shall
24be used only for the advancement of research and teaching
25conducted by an academic or research institution and matters
26related to the mission of the institution and for no other purpose.

27(b) Notwithstanding subdivision (a), a law enforcement agency
28may retain beyond one year images, footage, or data obtained
29through the use of an unmanned aircraft system in both of the
30following circumstances:

31(1) If a search warrant authorized the collection of the images,
32footage, or data.

33(2) If the images, footage, or data are evidence in any claim
34filed or any pending litigation, internal disciplinary proceeding,
35enforcement proceeding, or criminal investigation.

36

14352.  

Unless authorized by federal law, a person or entity,
37including a law enforcement agency subject to Section 14350 or
38a person or entity under contract to a law enforcement agency, for
39the purpose of that contract, shall not equip or arm an unmanned
40aircraft system with a weapon or other device that may be carried
P9    1by, or launched or directed from, an unmanned aircraft system and
2that is intended to cause incapacitation, bodily injury or death, or
3damage to, or the destruction of, real or personal property.

4

14353.  

All unmanned aircraft systems shall be operated so as
5to minimize the collection of images, footage, or data of persons,
6places, or things not specified with particularity in the warrant
7authorizing the use of an unmanned aircraft system, or, if no
8warrant was obtained, for purposes unrelated to the justification
9for the operation.

10

14354.  

A law enforcement agency that operates an unmanned
11aircraft system shall keep a record of the use of that system, which
12shall include information on whether a search warrant was sought
13before the system was used, and, in situations where a warrant was
14sought, whether the warrant was granted or denied.

15

14355.  

(a) This title is not intended to conflict with or
16supersede federal law, including rules and regulations of the
17Federal Aviation Administration.

18(b) A local legislative body may adopt more restrictive policies
19than those specified in state law on the acquisition, use, or retention
20of unmanned aircraft systems.

21

14356.  

For the purposes of this title, the following definitions
22shall apply:

23(a) begin insert(1)end insertbegin insertend insert “Law enforcement agency” means the Attorney General,
24each district attorney, and each agency of the state or political
25subdivision of the state authorized by statute to investigate or
26prosecute lawbegin delete violators.end deletebegin insert violators and that employs peace officers.end insert

begin insert

27(2) Notwithstanding paragraph (1), a public agency with a core
28mission to protect an environmental resource is not a law
29enforcement agency for purposes of this title when the agency is
30performing an act directly connected to the agency’s core mission.

end insert

31(b)  “Unmanned aircraft system” means an unmanned aircraft
32and associated elements, including communication links and the
33components that control the unmanned aircraft, that are required
34for the pilot in command to operate safely and efficiently in the
35national airspace system.

36

14357.  

Except as provided in this title, the surveillance
37restrictions on electronic devices described in Chapter 1.5
38(commencing with Section 630) of Title 15 of Part 1 shall apply
39to the use or operation of an unmanned aircraft system by a law
40enforcement agency.

P10   1

14358.  

begin deleteIn addition to any other sanctions, penalties, or remedies
2provided by law, an end delete
begin insertAn end insertindividual who has been harmed by a
3violation of this title may bring a civil action in any court of
4competent jurisdiction against a person who knowingly caused
5that violation.begin delete Theend deletebegin insert In addition to any other sanctions, penalties,
6or remedies provided by law, theend insert
court may awardbegin delete any of the
7following:end delete
begin insert attorneys’ fees pursuant to Section 1021.5 of the Code
8of Civil Procedure. This title does not impair or impede any other
9rights, causes of action, claims, or defenses available underend insert
begin insert other
10law. The remedies provided in this title are cumulative with any
11other remedies available underend insert
begin insert other law.end insert

begin delete

12(a) Actual damages, but not less than liquidated damages in the
13amount of two thousand five hundred dollars ($2,500).

14(b) Punitive damages upon proof of willful or reckless disregard
15of the law.

16(c) Reasonable attorney’s fees and other litigation costs
17reasonably incurred.

18(d) Other preliminary and equitable relief as the court determines
19to be appropriate.

end delete
20

SEC. 3.  

The Legislature finds and declares that Section 1 of
21this act, which adds Section 6254.31 of the Government Code,
22imposes a limitation on the public’s right of access to the meetings
23of public bodies or the writings of public officials and agencies
24within the meaning of Section 3 of Article I of the California
25Constitution. Pursuant to that constitutional provision, the
26Legislature makes the following findings to demonstrate the interest
27protected by this limitation and the need for protecting that interest:

28In order to ensure the safety of persons involved in investigations
29and to preserve the integrity of those investigations, it is necessary
30that this act take effect.

31

SEC. 4.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district under this act would result either from a legislative mandate
35that is within the scope of paragraph (7) of subdivision (b) of
36Section 3 of Article I of the California Constitution, or because
37this act creates a new crime or infraction, eliminates a crime or
38infraction, or changes the penalty for a crime or infraction, within
39the meaning of Section 17556 of the Government Code, or changes
P11   1the definition of a crime within the meaning of Section 6 of Article
2XIII   B of the California Constitution.



O

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