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AB-1820 Unmanned aircraft systems.(2015-2016)

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AB1820:v96#DOCUMENT

Amended  IN  Assembly  May 19, 2016
Amended  IN  Assembly  April 11, 2016
Amended  IN  Assembly  March 08, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1820

Introduced by Assembly Member Quirk

February 08, 2016

An act 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 1820, 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 and public unmanned aircraft systems, commonly known as drones, into the national airspace system.
This bill would generally prohibit a law enforcement agency from using an unmanned aircraft system, 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 authorized by the bill’s provisions. provisions of this bill. 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 would authorize a law enforcement agency to use an unmanned aircraft system, obtain an unmanned aircraft system from another public agency by contract, loan, or other arrangement, or permit another law enforcement agency to use an unmanned aircraft system within the agency’s jurisdiction jurisdiction, 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 and makes available to the public a policy on the use of an the unmanned aircraft system, system that meets specified requirements, as provided, and that the law enforcement agency complies with all applicable federal, state, and local law and the unmanned aircraft system policy developed by the law enforcement agency pursuant to the bill’s policy adopted pursuant to these provisions. The bill would prohibit a law enforcement agency from using an unmanned aircraft system to surveil private property unless, among other justifications, property, unless the law enforcement agency obtains a search warrant. warrant or express permission to search the property, as specified, or an exigent circumstance exists.
The bill would require any 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, entity 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. device, as specified. By creating a new crime, the bill would impose a state-mandated local program. 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 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

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

TITLE 14. UNMANNED AIRCRAFT SYSTEMS

14350.
 (a) A law enforcement agency shall not use an unmanned aircraft system, obtain an unmanned aircraft system from another public agency by contract, loan, or other arrangement, or use information obtained from an unmanned aircraft system used by another public agency, except as provided in this title. This title shall 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 unmanned aircraft system.
(b) A law enforcement agency may use an unmanned aircraft system, obtain an unmanned aircraft system from another agency by contract, loan, or other arrangement, or permit another law enforcement agency to use an unmanned aircraft system within the agency’s jurisdiction if the law enforcement agency complies with the requirements of this title and all applicable federal, state, and local law.
(c) If the use of an unmanned aircraft system by a local law enforcement agency may involve the collection of images, footage, or data from another county, city, or city and county, the law enforcement agency shall obtain a warrant based on probable cause, unless either of the following applies:
(1) An exigent circumstance exists.
(2) The law enforcement agency has entered into a written, public agreement with the appropriate law enforcement agency in the other county, city, or city and county, and that other law enforcement agency complies with paragraph (5) (6) of subdivision (d).
(d) (1) If a law enforcement agency elects to use an unmanned aircraft system, the law enforcement agency shall first develop and make available to the public a policy on its use of the unmanned aircraft system, and train the law enforcement agency’s officers and employees on the policy, before the use of the unmanned aircraft system.
(2) A law enforcement agency shall use the unmanned aircraft system consistent with the policy developed pursuant to this subdivision.

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

(4)

(3) The policy required by this subdivision shall specify, at a minimum, all of the following:
(A) The circumstances under which an unmanned aircraft system may or may not be used.
(B) The rules and processes required before the use of 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.
(H) Mechanisms to ensure that the policy required by this subdivision is adhered to.
(4) The finalized policy developed pursuant to this subdivision shall be predominantly posted on the law enforcement agency’s public Internet Web site.
(5) The law enforcement agency shall maintain an Internet Web site page for public input to address civilians’ concerns and recommendations.

(5)

(6) If a law enforcement agency elects to permit another law enforcement agency to use an unmanned aircraft system within the agency’s jurisdiction by means of an agreement entered into pursuant to subdivision (c), the agency shall post a copy of the agreement on its Internet Web site. The agreement, at a minimum, shall specify that the policies developed by the law enforcement agency that owns the unmanned aircraft system will be complied with by that law enforcement agency in the jurisdiction in which the unmanned aircraft system is used.
(e) A law enforcement agency shall not use an unmanned aircraft system, obtain an unmanned aircraft system from another public agency by contract, loan, or other arrangement, or use information obtained from an unmanned aircraft system used by another public agency to surveil private property unless the law enforcement agency has obtained either of the following:
(1) A search warrant based on probable cause.
(2) The express permission of the person or entity with the legal authority to authorize a search of the specific private property to be subjected to surveillance.
(f) Notwithstanding subdivision (e), a law enforcement agency may use an unmanned aircraft system to surveil private property if an exigent circumstance exists, including, but not limited to, either of the following circumstances:
(1) In emergency situations if there is an imminent threat to life or of great bodily harm, including, but not limited to, fires, hostage crises, barricaded suspects, “hot pursuit” situations if reasonably necessary to prevent harm to law enforcement officers or others, and search and rescue operations on land or water.
(2) To determine the appropriate response to an imminent or existing environmental emergency or disaster, including, but not limited to, oil spills or chemical spills.

14351.
 (a) Images, footage, or data obtained through the use of an unmanned aircraft system shall be permanently destroyed within one year, except that a law enforcement agency may retain the images, footage, or data in both of the following circumstances:
(1) For training purposes. Images, footage, or data retained for training purposes shall be used only for the education and instruction of a law enforcement agency’s employees in matters related to the mission of the law enforcement agency and for no other purpose.
(2) For academic research or teaching purposes. Images, footage, or data retained for academic research or teaching purposes shall be used only for the advancement of research and teaching conducted by an academic or research institution and matters related to the mission of the institution and for no other purpose.
(b) Notwithstanding subdivision (a), a law enforcement agency may retain beyond one year images, footage, or data obtained through the use of an unmanned aircraft system in both of the following circumstances:
(1) If a search warrant authorized the collection of the images, footage, or data.
(2) If the images, footage, or data are evidence in any claim filed or any pending litigation, internal disciplinary proceeding, enforcement proceeding, or criminal investigation.

14352.
 Unless authorized by federal law, a person or entity, including a law enforcement agency subject to Section 14350 or a person or entity under contract to a law enforcement agency, for the purpose of that contract, shall not equip or arm 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.

14353.
 A law enforcement agency that uses an unmanned aircraft system or obtains an unmanned aircraft system from another public agency by contract, loan, or other arrangement shall make a good faith effort to operate the system so as 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.

14354.
 (a) This title is not intended to conflict with or supersede federal law, including rules and regulations of the Federal Aviation Administration.
(b) A local legislative body may adopt more restrictive policies on the acquisition, use, or retention of unmanned aircraft systems by a law enforcement agency.

14355.
 Except as provided in this title, the surveillance restrictions on electronic devices described in Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 shall apply to the use or operation of an unmanned aircraft system by a law enforcement agency.

14356.
 For the purposes of this title, the following definitions shall apply:
(a) “Criminal intelligence” means information compiled, analyzed, or disseminated in an effort to anticipate, prevent, monitor, or investigate criminal activity.
(b) “Law enforcement agency” means the Attorney General, each district attorney, and each agency of the state or political subdivision of the state authorized by statute to investigate or prosecute law violators and that employs peace officers.
(c) “Surveil” means the purposeful observation of a person or private property with the intent of gathering criminal intelligence.
(d)  “Unmanned aircraft system” means 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.

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.