California Senate Bill SB271 Amended / Bill

 BILL NUMBER: SB 271AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 30, 2015 AMENDED IN SENATE APRIL 28, 2015 AMENDED IN SENATE APRIL 21, 2015 AMENDED IN SENATE APRIL 6, 2015 INTRODUCED BY Senator Gaines  (   Coauthor:   Assembly Member   Gatto   )  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   federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.   Existing law provides that a person who comes into any school building or upon any school ground, or adjacent street, sidewalk, or public way, whose presence or acts interfere with or disrupt a school activity, without lawful business, or who remains after having been asked to leave, as specified, is guilty of a misdemeanor. Existing law also  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   inclusive, or  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.   those schools.  This bill  would   would, unless authorized by federal law,  make it an infraction to  knowingly and intentionally  operate an unmanned aircraft system on  or above  the grounds  of   of, or less than 350 feet above ground level within the airspace overlaying,  a public school 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  also   also, unless authorized by federal law,  make it an infraction to  knowingly and intentionally  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 warning for a first violation and a fine of no more than $200 for each subsequent violation. The bill would exempt from its provisions any publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, a radio or television station, or by a press association or wire service, unless the principal or the principal's designee has requested that the person cease the operation of the unmanned aircraft system on the basis that the operation of the unmanned aircraft system would be disruptive of, or interfere with, classes of the public school program. The bill would also exempt law enforcement from its provisions.  By creating new crimes, the bill would impose a state-mandated local program.  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  knowingly and intentionally  operate an unmanned aircraft system on  or above  the grounds  of   of, or less than 350 feet above ground level within the airspace overlaying,  a public school 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. (b) Unless authorized by federal law, it shall be an infraction to  knowingly and intentionally  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, a warning shall be given. (2) Upon a second and any subsequent conviction under this section, a fine of no more than two hundred dollars ($200). (d) For the purposes of this section,  "unmanned   the following definitions apply:   (1) "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.   (2) "Unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.   (3)     "Unmanned  aircraft system" means an unmanned aircraft and associated elements,  including   including, but not limited to,  communication links and the components that control the unmanned  aircraft,   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.   (f)   (e)  This section  shall   does  not apply to a publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, or by a radio or television station, or by a press association or wire service, or any person who has been so connected or employed unless a request that the person cease using an unmanned aircraft system at a public school building or public school grounds is made by the principal, or the designee of the principal, on the basis that the continued presence of the unmanned aircraft system used by the person would be disruptive of, or would interfere with, classes or other activities of the public school program.  (g)   (f)  This section  shall   does  not apply to the operation of an unmanned aircraft system by law enforcement. 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.