California Senate Bill SB271 Amended / Bill

 BILL NUMBER: SB 271AMENDED BILL TEXT AMENDED IN SENATE APRIL 6, 2015 INTRODUCED BY Senator Gaines FEBRUARY 19, 2015 An act to add Section 626.12 to the Penal Code, relating to unmanned aircraft systems. LEGISLATIVE COUNSEL'S DIGEST SB 271, as amended, Gaines. Unmanned aircraft systems. Existing law makes it a crime to possess a firearm within 1,000 feet of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive. Existing law also makes it a crime to possess specified knives or blades on the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive. This bill would make it an infraction to operate an unmanned aircraft system on or above the grounds of a public school providing instruction in kindergarten or grades 1 to 12,  inclusive. This   inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or   equivalent school authority. The bill would also make it an infraction to use an unmanned aircraft system to capture images of public school grounds providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority. The bill would define school hours for its purposes as during any school session, extracurricular activity, or event sponsored by or participated in by the school, and the one-hour periods immediately preceding and following any session, activity, or event. The  bill would provide for a fine of no more than  $150   $50  for the first violation of its provisions, and a fine of no more than  $500   $200  for each subsequent violation. 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: SECTION 1. Section 626.12 is added to the Penal Code, to read: 626.12. (a) Unless authorized by federal law, it shall be an infraction to operate an unmanned aircraft system on or above the grounds of a public school providing instruction in kindergarten or grades 1 to 12, inclusive,  and shall be punished as follows:   during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.   (b) Unless authorized by federal law, it shall be an infraction to use an unmanned aircraft system to capture images of public school grounds providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.   (c) A violation of this section shall be punished as follows:  (1) Upon a first conviction under this section, a fine of no more than  one hundred fifty dollars ($150).   fifty dollars ($50).  (2) Upon a second and any subsequent conviction under this section, a fine of no more than  five hundred dollars ($500).   two hundred dollars ($200).   (b)   (d)  For the purposes of this section, "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.  (e) For the purposes of this section "school hours" means during any school session, extracurricular activity, or event sponsored by or participated in by the school, and the one-hour periods immediately preceding and following any session, activity, or event.   (c)   (f)  This section shall not apply to the operation of an unmanned aircraft system by law enforcement during a public safety emergency. 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.