Today's Law As Amended

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SB-811 Unmanned aircraft systems: correctional facilities.(2015-2016)



SECTION 1.

 Section 4577 is added to the Penal Code, to read:

4577.
 (a) Except as provided in subdivisions (b), (c), and (d), a person who knowingly and intentionally operates an unmanned aircraft system on or above the grounds of a state prison or a jail is guilty of a misdemeanor.
(b) This section does not apply to a person employed by the prison who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the Department of Corrections and Rehabilitation to operate the unmanned aircraft system over the prison.
(c) This section does not apply to a person employed by the jail who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the county sheriff to operate the unmanned aircraft system over the jail.
(d) This section does not apply to any entity for which the Federal Aviation Administration has authorized the use of the unmanned aircraft system and the unmanned aircraft system is operated in accordance with the terms and conditions of the authorization.
(e) For purposes of this section, the following definitions apply:
(1) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
(2) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, 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.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.