BILL ANALYSIS Ó AB 1820 Page 1 ASSEMBLY THIRD READING AB 1820 (Quirk) As Amended May 19, 2016 Majority vote ------------------------------------------------------------------- |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 ------------------------------------------------------------------- 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 a UAS, obtaining a UAS from another public agency by contract, loan or other arrangement, or using information obtained from a 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 a 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 law enforcement agency in the other county, city, or city and county. AB 1820 Page 3 6)Specifies that if a law enforcement agency elects to permit another law enforcement agency to use a 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 that any agreement between law enforcement agencies allowing use of a UAS in its jurisdiction specify that the law enforcement agency that owns the UAS will comply with the UAS policies they developed. 8)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. 9)Requires the UAS policy developed by a law enforcement agency be posted on the law enforcement agency's public internet website. 10)States that the law enforcement agency to must maintain and internet web site age for public input to address civilians' concerns and recommendations. 11)Requires a law enforcement agency to use the unmanned aircraft system consistent with the policy developed regarding UAS. 12)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; AB 1820 Page 4 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 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. 13)Prohibits a law enforcement agency from using a UAS, obtain a UAS from another public agency, or use information obtained from a 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. 14)Allows a law enforcement agency, without first obtaining a warrant or consent from the property owner over private AB 1820 Page 5 property, to use a UAS if an exigent circumstance exists. 15)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 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. 16)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. 17)Prohibits a person, entity, or public agency from equipping or arming a UAS with a weapon or other device that may be AB 1820 Page 6 carried by or launched from a 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. 18)Specifies that law enforcement agencies using a UAS, or obtains a 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. 19)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). 20)Authorizes a local legislative body to adopt more restrictive policies on the acquisition or use of unmanned aircraft systems by a law enforcement agency. 21)States that except for provisions of this bill, that surveillance restrictions on electronic devices shall also apply to UAS. 22)Defines "surveil" as "the purposeful observation of a person or private property with the intent of gathering criminal intelligence." 23)Defines "criminal intelligence" as "information compiled, analyzed, or disseminated in an effort to anticipate, prevent, monitor, or investigate criminal activity." 24)Defines "law enforcement agency" as "the Attorney General, AB 1820 Page 7 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 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 AB 1820 Page 8 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. 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 AB 1820 Page 9 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. "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: 0003000 AB 1820 Page 10