BILL ANALYSIS Ó
AB 1820
Page 1
ASSEMBLY THIRD READING
AB
1820 (Quirk)
As Amended April 11, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Privacy |6-5 |Chau, Calderon, |Wilk, Baker, Chang, |
| | |Dababneh, Gatto, |Cooper, Olsen |
| | |Gordon, Low | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, McCarty, | |
| | |Holden, Quirk, | |
| | |Santiago, Weber, Wood | |
| | | | |
| | | | |
AB 1820
Page 2
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SUMMARY: Regulates the use of unmanned aircraft systems (UAS)
by law enforcement agencies. Specifically, this bill:
1)Defines "UAS" as 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.
2)Prohibits a law enforcement agency from using an UAS,
obtaining a UAS from another public agency by contract, loan
or other arrangement, or using information obtained from an
UAS used by another public agency, except as provided in the
provisions of this bill.
3)Specifies that the provisions of this bill apply 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 UAS.
4)Allows a law enforcement agency to use UAS system, obtain a
UAS system from another agency, by contract, loan, or other
arrangement, or permit another law enforcement agency to use a
UAS within the agency's jurisdiction, if the law enforcement
agency complies with the regulations of this bill and all
other applicable federal, state, and local laws.
5)Requires a search warrant if the use of a UAS by a local law
enforcement agency involves the collection of images or data
from another city or county, unless an exigent circumstance
exists or the law enforcement agency has entered into a
written, public agreement with the a law enforcement agency in
the other county, city, or city and county.
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6)Specifies that if a law enforcement agency elects to permit
another law enforcement agency to use an UAS with the agency's
jurisdiction with an agreement between the agencies, it shall
post a copy of the agreement on its Web site.
7)Requires a law enforcement agency to develop and make
available to the public the policy on its use of the UAS, and
requires training of the law enforcement agency's officers and
employees on the policy, if they elect to use a UAS.
8)Requires a law enforcement agency to use the unmanned aircraft
system consistent with the policy developed regarding UAS.
9)States that a law enforcement agency shall present the
proposed UAS policy at their regularly scheduled and noticed
public meeting of its governing body with an opportunity for
public comment, before finalizing the policy.
10)Specifies that a law enforcement agency's UAS policy must
include the following:
a) The circumstances under which an unmanned aircraft
system may or may not be used;
b) The rules and processes required before using an
unmanned aircraft system;
c) The individuals who may access or use an unmanned
aircraft system or the information collected by an unmanned
aircraft system and the circumstances under which those
individuals may do so;
d) The safeguards to protect against unauthorized use or
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access;
e) The training required for any individual authorized to
use or access information collected by an unmanned aircraft
system;
f) The guidelines for sharing images, footage, or data with
other law enforcement agencies and public agencies;
g) The manner in which information obtained from another
public agency's use of an unmanned aircraft system will be
used; and
h) Mechanisms to ensure that the policy is adhered to.
11)Prohibits a law enforcement agency from using a UAS, obtain a
UAS from another public agency, or use information obtained
from an UAS used by another public agency, to surveil private
property unless the law enforcement has obtained a search
warrant or express permission of the person or entity with
legal authority to authorize a search of the property.
12)Allows a law enforcement agency, without first obtaining a
warrant or consent from the property owner over private
property, to use an UAS if an exigent circumstance exists.
13)Specifies that exigent circumstances include, but are not
limited to, the following:
a) 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
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officers or others; and search and rescue operations on
land or water.
b) To determine the appropriate response to an imminent or
existing environmental emergency or disaster, including,
but not limited to, oils spills or chemical spills.
14)Requires images, footage, or data obtained through the use of
an UAS shall be permanently destroyed with one year, except in
the following circumstances the agency may retain the data:
a) For training purposes of the law enforcement agency's
employees in matters related to the mission of the law
enforcement agency;
b) For academic research or teaching purposes;
c) If a search warrant authorized collection of the images,
footage, or data; and
d) If the images, footage, or data are evidence in any
claim filed or any pending litigation, internal
disciplinary proceeding, enforcement proceeding, or
criminal investigation.
15)Prohibits a person, entity, or public agency from equipping
or arming an UAS with a weapon or other device that may be
carried by or launched from an UAS and that may cause bodily
injury or death or damage to, or the destruction of, real or
personal property, unless authorized by federal law.
16)Specifies that law enforcement agencies using a UAS, or
obtains an UAS from another public agency shall make a good
faith effort to operate them 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.
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17)States that none of the provisions in this bill are intended
to conflict with or supersede federal law, including rules and
regulations of the Federal Aviation Administration (FAA).
18)Authorizes a local legislative body to adopt more restrictive
policies on the acquisition or use of unmanned aircraft
systems by a law enforcement agency.
19)States that except for provisions of this bill, that
surveillance restrictions on electronic devices shall also
apply to UAS.
20)Defines "surveil" as "the purposeful observation of a person
or private property with the intent of gathering criminal
intelligence."
21)Defines "criminal intelligence" as "information compiled,
analyzed, or disseminated in an effort to anticipate, prevent,
monitor, or investigate criminal activity."
22)Defines "law enforcement agency" as "the Attorney General,
each district attorney, and each agency of the state or
subdivision of the state authorized by statute to investigate
or prosecute law violators and that employs peace officers."
EXISTING LAW:
1)The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable seizures and searches
may not be violated; and a warrant may not issue except on
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probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and things
to be seized.
2)States that a search warrant is an order in writing, in the
name of the people, signed by a magistrate, directed to a
peace officer, commanding him or her to search for a person or
persons, a thing or things, or personal property, and, in the
case of a thing or things or personal property, bring the same
before the magistrate.
3)Prohibits wiretapping or eavesdropping on confidential
communications, which excludes communications made in public
or in any circumstance that the parties may reasonably expect
that the communication may be overheard or recorded.
4)Provides that nothing in the sections prohibiting
eavesdropping or wiretapping prohibits specified law
enforcement officers or their assistants or deputies acting
within the scope of his or her authority, from overhearing or
recording any communication that they could lawfully overhear
or record.
5)California Public Records Act generally provides that access
to information concerning the conduct of the people's business
is a fundamental and necessary right of every person in this
state.
6)Provides that public records are open to inspection at all
times during the office hours of the state or local agency and
every person has a right to inspect any public record, except
as provided. Any reasonably segregable portion of a record
shall be available for inspection by any person requesting the
record after deletion of the portions that are exempted by
law.
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FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Significant one-time and ongoing non-reimbursable local law
enforcement agency costs (Local Funds) to adhere to the
standards and protections provided for under this measure
including but not limited to the development of policies,
procedures, training, data security, collection, and
retention, and public access.
2)One-time and ongoing potentially significant future cost
pressure (General Fund/Special Fund) to the extent UAS are
utilized in the future by state agencies including but not
limited to the Department of Justice (DOJ), the California
Highway Patrol (CHP), and the Department of Fish and Wildlife
(DFW), and the Office of Emergency Services (OES).
COMMENTS: According to the Author, "Technology has played a
critical role in helping law enforcement groups strategize new
ways to fight crime. A UAS, or drone, can be a great asset to
the state and can play an important role in improving public
safety. For example, the California Military Department
provided firefighters with aerial surveillance while battling
the massive Rim Fire in 2013 along the foothills of the Sierra
Nevada. This aerial surveillance allowed firefighters to track
the fire in real time, allowed commanders to move firefighters
out of harm's way and reposition firefighters as the wind
shifted the fire across the mountainside.
"Drones may also be able to observe areas that are difficult or
dangerous for officers to enter, they can help assess dangerous
situations (such as a hostage situation or bomb threat) and
assist in strategizing responses to these incidents.
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"Though drone technology is growing quickly, high-tech
capabilities (such as detailed imagine from high altitudes,
ability to travel large distances) are still under development
or cost prohibitive for law enforcement agencies. However,
without parameters to guide the use of these devices, the
possibility for abuse exists.
"AB 1820 will establish a set of parameters for the use of
drones by law enforcement agencies. Specifically, the bill
requires law enforcement agencies to develop a set of policies
to govern the use of drones that will be presented as a
regularly scheduled meeting of the governing body to allow for
public comment.
"Additionally, AB 1820 indicates instances in which a warrant is
needed for the use of a drone and how long the images captured
by a drone must be retained before they can be destroyed."
Analysis Prepared by:
David Billingsley/ PUB. S. / (916) 319-3744 FN:
0002879